Amendment No. 429

 

Assembly Amendment to Assembly Bill No. 495                                                                (BDR 53‑468)

Proposed by: Committee on Commerce and Labor

Amendment Box:

Resolves Conflicts with: N/A

Amends:         Summary:               Title:              Preamble:               Joint Sponsorship:

 

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 sections 1 through 4 and renumbering sections 5 through 9 as sections 1 through 5.

     Amend sec. 7, page 8, by deleting lines 39 through 45 and inserting:

“specified in subsection 2 may be excused if the person aggrieved [shows] :

     (a) Demonstrates by a preponderance of the evidence that he did not receive the notice of the determination and the forms necessary to request a hearing [.] ; or

     (b) Demonstrates to the satisfaction of the hearing officer that the failure to file a request for a hearing was caused by the death or diagnosis of a terminal disease of a spouse, parent or child.

FLUSH

 
The claimant or employer shall notify the insurer of a change of address.”.

     Amend sec. 8, page 10, by deleting lines 8 through 15 and inserting:

“in subsection 1 or 2 may be excused if the party aggrieved [shows] :

     (a) Demonstrates by a preponderance of the evidence that he did not receive the notice of the determination and the forms necessary to appeal the determination[.] ; or

     (b) Demonstrates to the satisfaction of the appeals officer that the failure to file a notice of appeal was caused by the death or diagnosis of a terminal disease of a spouse, parent or child.

FLUSH

 
The claimant, employer or insurer shall notify the hearing officer of a change of address.”.

     Amend the bill as a whole by deleting sec. 10 and renumbering sec. 11 as sec. 6.

     Amend sec. 11, page 13, by deleting lines 29 through 40 and inserting:

     “(b) The spouse, or in the absence of a spouse, any dependent child of a deceased claimant injured on or after July 1, 1973,who is not entitled to compensation in accordance with NRS 616C.505, is entitled to a lump sum equal to the present value of the deceased claimant’s undisbursed award for a permanent partial disability.”.

     Amend the bill as a whole by deleting sec. 12 and renumbering sections 13 and 14 as sections 7 and 8.

     Amend sec. 13, page 18, by deleting lines 28 and 29 and inserting:

“the program within 30 days after he [receives written notification that he is eligible] completes the program for vocational”.

     Amend the bill as a whole by deleting sec. 15 and renumbering sections 16 and 17 as sections 9 and 10.

     Amend sec. 16, page 21, line 33, by deleting:

“and 616D.030 are” and inserting “is”.

     Amend the text of repealed sections by deleting the text of NRS 616D.030.

     Amend the title of the bill to read as follows:

AN ACT relating to industrial insurance; expanding the period during which an injured employee may request an extension of his program for vocational rehabilitation; revising provisions relating to the notice provided to a claimant concerning the closing of a claim; revising provisions relating to the notice provided to a claimant who elects to receive payment for a permanent partial disability in a lump sum; revising provisions relating to vocational rehabilitation services provided to an injured worker in another state; and providing other matters properly relating thereto.”.