NRS 616C.380
Payment pending appeal when decision not stayed

  • effect of final resolution of claim.


If a hearing officer, appeals officer or district court renders a decision on a claim for compensation and the insurer or employer appeals that decision, but is unable to obtain a stay of the decision:


Payment of that portion of an award for a permanent partial disability which is contested must be made in installment payments until the claim reaches final resolution.


Payment of the award must be made in monthly installments of 66 2/3 percent of the average wage of the claimant until the claim reaches final resolution if the claim is for more than 3 months of past benefits for a temporary total disability or rehabilitation, or for a payment in lump sum related to past benefits for rehabilitation, such as costs for purchasing a business or equipment.


If the final resolution of the claim is in favor of the claimant, the remaining amount of compensation to which the claimant is entitled may be paid in a lump sum if the claimant is otherwise eligible for such a payment pursuant to NRS 616C.495 and any regulations adopted pursuant thereto. If the final resolution of the claim is in favor of the insurer or employer, any amount paid to the claimant in excess of the uncontested amount must be deducted from any future benefits related to that claim, other than medical benefits, to which the claimant is entitled. The deductions must be made in a reasonable manner so as not to create an undue hardship to the claimant.

Source: Section 616C.380 — Payment pending appeal when decision not stayed; effect of final resolution of claim., https://www.­leg.­state.­nv.­us/NRS/NRS-616C.­html#NRS616CSec380.

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
Hearing officers: Appointment
Procedure for appeal of final determination of organization for managed care which has contracted with insurer.
Contested cases: Procedures
Request for hearing
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.
Representation of employee and employer before hearings officer or appeals officer or in negotiations with insurer
Date, time and place for hearing
Award of interest.
Appointment, term, qualifications and salary of appeals officers and special appeals officers
Notice of appeal
Testimony of physician or chiropractor before appeals officer
Use of affidavits or declarations as evidence at hearing
Record of hearing before appeals officer
External review: Duties of independent review organization
Reimbursement of employee’s expenses incurred and wages lost as result of hearing requested by employer or insurer
Judicial review.
Stay of decision of appeals officer.
Payment pending appeal when decision not stayed
Costs and attorney’s fees for frivolous petitions for judicial review.
Reopening claim: General requirements and procedure
Reopening claim: Circumstances under which insurer is required to reopen claim for permanent partial disability.
Last Updated

Feb. 5, 2021

§ 616C.380’s source at nv​.us