ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not
|Concurred In Not
Receded Not | Receded Not
Amend the bill as a whole by deleting sec. 3 and adding:
“Sec. 3. (Deleted by amendment.)”.
Amend sec. 7, page 4, by deleting lines 29 through 44 and inserting:
“616C.110 1. For the purposes of NRS 616B.557, 616B.578, 616B.587, 616C.490 and 617.459 [,] :
(a) Not later than August 1, 2003, the Division shall adopt regulations incorporating the American Medical Association’s Guides to the Evaluation of Permanent Impairment , 5th edition, by reference . [and may amend those regulations from time to time as it deems necessary. In adopting the] The regulations:
(1) Must become effective on October 1, 2003; and
(2) Must be applied to all examinations for a permanent partial disability that are conducted on or after October 1, 2003, regardless of the date of the injury, until regulations incorporating the 6th edition by reference have become effective pursuant to paragraph (b).
(b) Beginning with the 6th edition and continuing for each edition thereafter, the Division shall adopt regulations incorporating the most recent edition of the American Medical Association’s Guides to the Evaluation of Permanent Impairment[, the Division shall consider] by reference. The regulations:
(1) Must become effective not later than 18 months after the most recent edition [most recently] is published by the American Medical Association [.] ; and
(2) Must be applied to all examinations for a permanent partial disability that are conducted on or after the effective date of the regulations, regardless of the date of injury, until regulations incorporating the next edition by reference have become effective pursuant to this paragraph.
2. After adopting the regulations required pursuant to subsection 1, the Division may amend those regulations as it deems necessary, except that the amendments to those regulations:
(a) Must be consistent with the edition of the American Medical Association’s Guides to the Evaluation of Permanent Impairment most recently adopted by the Division;
(b) Must not incorporate any contradictory matter from any other edition of the American Medical Association’s Guides to the Evaluation of Permanent Impairment; and
(c) Must not consider any factors other than the degree of physical impairment of the whole man in calculating the entitlement to compensation.
3. If the edition of the American Medical Association’s Guides to the Evaluation of Permanent Impairment most recently adopted by the Division [contain] contains more than one method of determining the rating of an impairment, the Administrator shall designate by regulation the method from that edition which must be used to rate an impairment pursuant to NRS 616C.490.”.
Amend sec. 10, page 8, lines 12 and 13, by deleting:
“compensation or vocational rehabilitation services” and inserting:
“vocational rehabilitation services, including compensation,”.
Amend sec. 10, page 8, line 30, by deleting “seniority and”.
Amend sec. 12, page 10, line 30, by deleting “seniority and”.
Amend sec. 13, page 11, line 34, by deleting:
“or refuse to impose”.
Amend sec. 13, page 11, line 36, by deleting:
“the district court” and inserting:
“an appeals officer”.
Amend sec. 13, page 11, line 38, by deleting “or should”.
Amend sec. 13, pages 11 and 12, by deleting lines 40 through 44 on page 11 and lines 1 through 9 on page 12, and inserting:
“2. A person who is aggrieved by a written determination of the Administrator may appeal from the determination by filing a request for a hearing before an appeals officer. The request must be filed within 30 days after the date on which the notice of the Administrator’s determination was mailed by the Administrator.”.
Amend sec. 13, page 12, line 11, by deleting:
“or refusal to impose”.
Amend sec. 14, page 13, line 15, after “compensation” by inserting:
“or other relief”.
Amend sec. 15, page 16, by deleting line 15 and inserting:
“(a) [or] , (b), (c) or (d) of subsection 1 of NRS 616D.120, or if the”.
Amend sec. 15, page 16, line 18, by deleting “90” and inserting “60”.
Amend sec. 16, page 17, line 1, by deleting “70” and inserting “90”.
Amend sec. 16, page 17, line 11, by deleting “70” and inserting “90”.
Amend the bill as a whole by adding a new section designated sec. 18, following sec. 17, to read as follows:
“Sec. 18. 1. This section becomes effective upon passage and approval.
2. Section 7 of this act becomes effective upon passage and approval for the purpose of adopting regulations and on October 1, 2003, for all other purposes.
3. Sections 1 to 6, inclusive, and 8 to 17, inclusive, of this act become effective on October 1, 2003.”.
Amend the title of the bill by deleting the fifteenth through nineteenth lines and inserting:
“employment benefits as the position of the employee at the time of his injury; requiring a person who wishes to contest a decision of the Administrator to impose an administrative fine to file a notice of appeal with an appeals officer; authorizing a person”.