NRS 616C.392
Reopening claim: Circumstances under which insurer is required to reopen claim for permanent partial disability.


1.

An insurer shall reopen a claim to consider the payment of compensation for a permanent partial disability if:

(a)

The claim was closed and the claimant was not scheduled for an evaluation of the injury in accordance with NRS 616C.490;

(b)

The claimant demonstrates by a preponderance of the evidence that, at the time that the case was closed, the claimant was, because of the injury, qualified to be scheduled for an evaluation for a permanent partial disability; and

(c)

The insurer has violated a provision of NRS 616D.120 with regard to the claim.
2. The demonstration required pursuant to paragraph (b) of subsection 1 must be made with documentation that existed at the time that the case was closed.

3.

Notwithstanding any specific statutory provision to the contrary, the consideration of whether a claimant is entitled to payment of compensation for a permanent partial disability for a claim that is reopened pursuant to this section must be made in accordance with the provisions of the applicable statutory and regulatory provisions that existed on the date on which the claim was closed, including, without limitation, using the edition of the American Medical Association’s Guides to the Evaluation of Permanent Impairment as adopted by the Division pursuant to NRS 616C.110 that was applicable on the date the claim was closed.
COMPENSATION FOR INJURIES AND DEATH
General Provisions

Source: Section 616C.392 — Reopening claim: Circumstances under which insurer is required to reopen claim for permanent partial disability., https://www.­leg.­state.­nv.­us/NRS/NRS-616C.­html#NRS616CSec392.

616C.295
Duties of Chief of Hearings Division: Adoption of regulations establishing codes of conduct for hearing officers and appeals officers, standards for initial training and continuing education and qualifications for hearing officers
616C.300
Hearing officers: Appointment
616C.305
Procedure for appeal of final determination of organization for managed care which has contracted with insurer.
616C.310
Contested cases: Procedures
616C.315
Request for hearing
616C.320
Resolution of disputed decision of self-insured employer or employer who is member of association of self-insured public or private employers or insured by private carrier.
616C.325
Representation of employee and employer before hearings officer or appeals officer or in negotiations with insurer
616C.330
Date, time and place for hearing
616C.335
Award of interest.
616C.340
Appointment, term, qualifications and salary of appeals officers and special appeals officers
616C.345
Notice of appeal
616C.350
Testimony of physician or chiropractor before appeals officer
616C.355
Use of affidavits or declarations as evidence at hearing
616C.360
Record of hearing before appeals officer
616C.363
External review: Duties of independent review organization
616C.365
Reimbursement of employee’s expenses incurred and wages lost as result of hearing requested by employer or insurer
616C.370
Judicial review.
616C.375
Stay of decision of appeals officer.
616C.380
Payment pending appeal when decision not stayed
616C.385
Costs and attorney’s fees for frivolous petitions for judicial review.
616C.390
Reopening claim: General requirements and procedure
616C.392
Reopening claim: Circumstances under which insurer is required to reopen claim for permanent partial disability.
Last Updated

Jun. 24, 2021

§ 616C.392’s source at nv​.us