NRS 616C.155
Payment of compensation by insurer prohibited before required

  • recovery of overpayment by insurer.


An insurer shall not provide compensation to or for an employee or the dependents of the employee before the compensation is required to be paid pursuant to the provisions of chapters 616A to 616D, inclusive, of NRS.


If, within 30 days after a payment is made to an injured employee pursuant to the provisions of chapters 616A to 616D, inclusive, of NRS, the insurer determines that it has overpaid the injured employee as a result of a clerical error in its calculation of the amount of payment, or as a result of using improper or incorrect information to determine the injured employee’s eligibility for payment or to calculate the amount of payment, the insurer may deduct the amount of the overpayment from future benefits related to that claim to which the injured employee is entitled, other than accident benefits, if:


The insurer notifies the injured employee in writing of its determination;


The insurer informs the injured employee of the injured employee’s right to contest the deduction; and


The injured employee fails to contest the deduction or does so and upon final resolution of the contested deduction, it is determined that such an overpayment was made.


Any deductions made pursuant to subsection 2 must be made in a reasonable manner which does not cause undue hardship to the injured employee.

Source: Section 616C.155 — Payment of compensation by insurer prohibited before required; recovery of overpayment by insurer., https://www.­leg.­state.­nv.­us/NRS/NRS-616C.­html#NRS616CSec155.

Compensation prohibited unless preponderance of evidence establishes that injury arose out of and in course of employment
Payment of compensation by insurer prohibited before required
Request for prior authorization: Time to respond
Newly developed injury or disease: Inclusion in original claim for compensation
Determination of responsibility of insurer for undisputed claim for compensation
Resolution of disputes between insurers if benefits are claimed against more than one insurer
Employment-related aggravation of preexisting condition which is not employment related
Medical records concerning preexisting condition: Authority of insurer to request records
Injury or disease caused by stress
Compensation for mastectomy and reconstructive surgery.
Compensation of employee injured out of State.
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.
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
Compensation not assignable
Compensation of nonresident alien dependents
Actions and proceedings to recover damages in tort or from proceeds of vehicle insurance: Reduction of compensation by amount of recovery
Compensation from Uninsured Employers’ Claim Account: Administration and payment of claims
Application for entry of summary judgment: Conditions
Misrepresentation or concealment of fact to obtain benefits: Insurer entitled to reimbursement or deduction from benefits
Grounds for denial, reduction or suspension of compensation
Denial of compensation for temporary total disability because of discharge for misconduct.
Closure of claim by insurer: Procedure
Last Updated

Jun. 24, 2021

§ 616C.155’s source at nv​.us