Existing law requires, in a case where an injured employee is determined to have a permanent partial disability and there is a previous disability, an apportionment to be made by subtracting the percentage of previous disability as it existed at the time of the previous disability from the percentage of present disability as it existed at the time of the present disability. (NRS 616C.490) Sections 1 and 7 of this bill revise these provisions to prohibit: (1) an apportionment of percentages of disabilities where no rating evaluation was performed for the previous disability unless the insurer proves by a preponderance of the evidence that certain specific medical evidence supports a specific percentage of previous disability; and (2) any reduction of the percentage of present impairment if no medical documentation or health care records of a preexisting impairment exist, unless certain other evidentiary requirements are satisfied. Section 7 also requires an insurer to commence making installment payments to an injured employee, within a specified period of time and without requiring the employee to elect a method of payment, for that portion of an award of compensation for permanent partial disability which is not in dispute. Existing law requires an injured employee to submit to an examination and any necessary immediate medical attention by a physician or chiropractor and requires the physician or chiropractor to complete and file a claim for compensation. (NRS 616C.010, 616C.040, 616C.075, 616C.095) Sections 1.4, 1.6, 2.2 and 2.4 of this bill authorize the examination and treatment to be provided by a physician assistant or advanced practice registered nurse and, if so provided, require the physician assistant or advanced practice registered nurse to file a claim for compensation and provide a copy of the claim form to the injured employee. Existing law requires an insurer to mail a written determination regarding a claim for compensation under industrial insurance. (NRS 616C.065, 617.356) Sections 2 and 10 of this bill require the insurer to send its determination by facsimile or other electronic transmission, if so requested, to the claimant or the person acting on behalf of the claimant and retain proof of successful transmission of the facsimile. Existing law provides that, except in matters relating to child support, compensation payable or paid for an industrial injury or occupational disease is not assignable and is exempt from attachment, garnishment and execution. (NRS 616C.205) Section 3 of this bill provides that such compensation may also be subject to an attorney's lien. Existing law sets forth certain limits on the period of time in which an aggrieved party may request a hearing before a hearing officer or appeal from a decision of a hearing officer. (NRS 616C.315, 616C.345) Sections 4 and 6 of this bill provide that periods within which a request for a hearing or an appeal may be filed may be tolled if the insurer fails to mail or, if so requested, send by facsimile or other electronic transmission a determination regarding a claim for compensation. Existing law provides that if a contested claim for compensation is decided in favor of the claimant, he or she is entitled to an award of interest. (NRS 616C.335) Section 5 of this bill provides that the claimant is also entitled to an award of certain costs and sets forth the procedure for requesting costs and adjudicating disputes for such costs. Existing law provides that a claimant who elects to receive and accepts payment for a permanent partial disability in a lump sum terminates the claimant's benefits and waives certain rights regarding his or her claim, except the right to reopen his or her claim, have the claim considered by his or her insurer, certain rehabilitative services and the right to receive a benefit penalty. (NRS 616C.495) Section 8 of this bill provides that the claimant also reserves the right to conclude or resolve any contested matter, with certain exceptions, which is pending at the time of the election of payment for a permanent partial disability in a lump sum. Existing law authorizes an insurer or injured employee to request a vocational rehabilitation counselor to prepare a written assessment of the injured employee. (NRS 616C.550) Existing law requires the vocational rehabilitation counselor to develop a plan for a program of vocational rehabilitation for each eligible injured employee. (NRS 616C.555) Existing law further provides that where a written assessment is requested or a plan for a program of vocational rehabilitation is required and the insurer or injured employee or personal or legal representative of the injured employee are unable to agree on the appointment of a vocational rehabilitation counselor, the insurer shall submit a list of at least three vocational rehabilitation counselors to the injured employee or personal or legal representative of the injured employee. (NRS 616C.541) Section 9 of this bill requires the counselors listed to be employed by at least three different organizations or entities.

Statutes affected:
As Introduced: 616C.065, 616C.205, 616C.315, 616C.335, 616C.345, 616C.490, 616C.495, 616C.541, 617.356
Reprint 1: 616C.005, 616C.010, 616C.040, 616C.045, 616C.065, 616C.075, 616C.095, 616C.098, 616C.130, 616C.205, 616C.265, 616C.270, 616C.315, 616C.330, 616C.335, 616C.345, 616C.350, 616C.360, 616C.490, 616C.495, 616C.541, 616C.545, 617.356
As Enrolled: 616C.005, 616C.010, 616C.040, 616C.045, 616C.065, 616C.075, 616C.095, 616C.098, 616C.130, 616C.205, 616C.265, 616C.270, 616C.315, 616C.330, 616C.335, 616C.345, 616C.350, 616C.360, 616C.490, 616C.495, 616C.541, 616C.545, 617.356