NRS 616C.235
Closure of claim by insurer: Procedure

  • notice
  • special procedure if medical benefits less than $800.

1.

Except as otherwise provided in subsections 2, 3 and 4:

(a)

When the insurer determines that a claim should be closed before all benefits to which the claimant may be entitled have been paid, the insurer shall send a written notice of its intention to close the claim to the claimant by first-class mail addressed to the last known address of the claimant and, if the insurer has been notified that the claimant is represented by an attorney, to the attorney for the claimant by first-class mail addressed to the last known address of the attorney. The notice must include, on a separate page, a statement describing the effects of closing a claim pursuant to this section and a statement that if the claimant does not agree with the determination, the claimant has a right to request a resolution of the dispute pursuant to NRS 616C.305 and 616C.315 to 616C.385, inclusive, including, without limitation, a statement which prominently displays the limit on the time that the claimant has to request a resolution of the dispute as set forth in NRS 616C.315. A suitable form for requesting a resolution of the dispute must be enclosed with the notice. The closure of a claim pursuant to this subsection is not effective unless notice is given as required by this subsection.

(b)

If the insurer does not receive a request for the resolution of the dispute, it may close the claim.

(c)

Notwithstanding the provisions of NRS 233B.125, if a hearing is conducted to resolve the dispute, the decision of the hearing officer may be served by first-class mail.

2.

If, during the first 12 months after a claim is opened, the medical benefits required to be paid for a claim are less than $800, the insurer may close the claim at any time after the insurer sends, by first-class mail addressed to the last known address of the claimant, written notice that includes a statement which prominently displays that:

(a)

The claim is being closed pursuant to this subsection;

(b)

The injured employee may appeal the closure of the claim pursuant to the provisions of NRS 616C.305 and 616C.315 to 616C.385, inclusive; and

(c)

If the injured employee does not appeal the closure of the claim or appeals the closure of the claim but is not successful, the claim cannot be reopened.

3.

In addition to the notice described in subsection 2, an insurer shall send to each claimant who receives less than $800 in medical benefits within 6 months after the claim is opened a written notice that explains the circumstances under which a claim may be closed pursuant to subsection 2. The written notice provided pursuant to this subsection does not create any right to appeal the contents of that notice. The written notice must be:

(a)

Sent by first-class mail addressed to the last known address of the claimant; and

(b)

A document that is separate from any other document or form that is used by the insurer.

4.

The closure of a claim pursuant to subsection 2 is not effective unless notice is given as required by subsections 2 and 3.

5.

In addition to the requirements of this section, an insurer shall include in the written notice described in subsection 2:

(a)

If an evaluation for a permanent partial disability has been scheduled pursuant to NRS 616C.490, a statement to that effect; or

(b)

If an evaluation for a permanent partial disability will not be scheduled pursuant to NRS 616C.490, a statement explaining that the reason is because the insurer has determined there is no possibility of a permanent impairment of any kind.
ACCIDENT BENEFITS

Source: Section 616C.235 — Closure of claim by insurer: Procedure; notice; special procedure if medical benefits less than $800., https://www.­leg.­state.­nv.­us/NRS/NRS-616C.­html#NRS616CSec235.

616C.150
Compensation prohibited unless preponderance of evidence establishes that injury arose out of and in course of employment
616C.155
Payment of compensation by insurer prohibited before required
616C.157
Request for prior authorization: Time to respond
616C.160
Newly developed injury or disease: Inclusion in original claim for compensation
616C.165
Determination of responsibility of insurer for undisputed claim for compensation
616C.170
Resolution of disputes between insurers if benefits are claimed against more than one insurer
616C.175
Employment-related aggravation of preexisting condition which is not employment related
616C.177
Medical records concerning preexisting condition: Authority of insurer to request records
616C.180
Injury or disease caused by stress
616C.185
Compensation for mastectomy and reconstructive surgery.
616C.190
Compensation of employee injured out of State.
616C.195
Acceptance of compensation or benefits by employee injured out of State constitutes release of employer and waiver of remedy at common law or statutory remedy provided in another state.
616C.200
Commencement of action in another state to recover damages or compensation by employee injured out of State constitutes irrevocable waiver of compensation due under Nevada law
616C.205
Compensation not assignable
616C.210
Compensation of nonresident alien dependents
616C.215
Actions and proceedings to recover damages in tort or from proceeds of vehicle insurance: Reduction of compensation by amount of recovery
616C.220
Compensation from Uninsured Employers’ Claim Account: Administration and payment of claims
616C.223
Application for entry of summary judgment: Conditions
616C.225
Misrepresentation or concealment of fact to obtain benefits: Insurer entitled to reimbursement or deduction from benefits
616C.230
Grounds for denial, reduction or suspension of compensation
616C.232
Denial of compensation for temporary total disability because of discharge for misconduct.
616C.235
Closure of claim by insurer: Procedure
Last Updated

Feb. 5, 2021

§ 616C.235’s source at nv​.us