NRS 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

  • satisfaction of foreign judgment against Nevada employer.

1.

If an employee who has been hired or is regularly employed in this State receives a personal injury by an accident arising out of and in the course of such employment outside this State, and the employee, or the employee’s personal or legal representatives, dependents or next of kin commence any action or proceeding in any other state to recover any damages or compensation from his or her employer for the injury or death, the act of commencing such an action or proceeding constitutes an irrevocable waiver of all compensation for the injury or death to which persons would otherwise have been entitled under the laws of this State.

2.

If the injured employee or the employee’s personal or legal representatives, dependents or next of kin recover a final judgment against the employer for damages arising out of the injury or death in any court of competent jurisdiction in any other state, the compensation which would otherwise have been payable under the laws of this State, up to the full amount thereof, but less any sums previously paid for the injury or death, must be applied in satisfaction of the judgment as follows:

(a)

Upon receipt of an authenticated copy of the final judgment and writ of execution or other process issued in aid thereof, the insurer shall immediately determine the total amount of compensation which would have been payable under the laws of this State if a claim therefor had been made to the insurer. In the case of compensation payable in installments, the insurer shall convert it into a lump sum by such a system of computation as the Administrator deems proper.

(b)

The insurer shall thereupon order to be paid in full or partial satisfaction of the judgment a sum not to exceed the total amount of compensation computed as provided in this section or the amount of the judgment, whichever is less.

(c)

Except for a self-insured employer or an employer who is a member of an association of self-insured public or private employers, if the judgment is satisfied fully by the employer before any payment by the private carrier pursuant to paragraph (b), the amount payable thereunder must be paid to the employer.

Source: Section 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; satisfaction of foreign judgment against Nevada employer., https://www.­leg.­state.­nv.­us/NRS/NRS-616C.­html#NRS616CSec200.

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

Jun. 24, 2021

§ 616C.200’s source at nv​.us