Nevada Administrative Code
Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage
SUBSEQUENT INJURY ACCOUNT FOR PRIVATE CARRIERS
Section 616B.768 - Permanent physical impairment: Factors for determination; Administrator not bound by certain agreements between injured employee and private carrier
Universal Citation: NV Admin Code 616B.768
Current through December 12, 2024
1. For the purposes of determining whether a preexisting impairment is a permanent physical impairment:
(a) If the preexisting impairment of the
employee arose out of and in the course of his or her employment and the
employee has been assigned a rating of permanent impairment which is no longer
appealable, the Administrator may choose to accept the rating for the
preexisting impairment if the rating was assigned based on the edition of the
American Medical Association's Guides to the Evaluation of Permanent
Impairment that was in effect on the date on which the preexisting
impairment was rated;
(b) If a
claim for reimbursement from the Subsequent Injury Account for Private Carriers
has been submitted to the Administrator pursuant to NAC
616B.760 but the preexisting
impairment has not yet been assigned a rating, the Administrator may choose not
to make a ruling on the claim until a determination has been made concerning
the preexisting impairment in accordance with the edition of the American
Medical Association's Guides to the Evaluation of Permanent Impairment that was
in effect on the date on which the subsequent injury is rated; and
(c) If a claim for reimbursement from the
Subsequent Injury Account for Private Carriers has been submitted to the
Administrator pursuant to NAC
616B.760 and a rating has been
assigned to the preexisting impairment but the rating is not deemed final, the
Administrator may choose not to make a ruling on the claim until the rating has
been finalized in accordance with the edition of the American Medical
Association's Guides to the Evaluation of Permanent Impairment that is in
effect on the date on which the preexisting impairment is
rated.
2. The Administrator is not bound by any agreement between an injured employee and a private carrier concerning:
(a) The rating of
permanent impairment assigned to a preexisting condition or a subsequent
injury;
(b) The edition of the
American Medical Association's Guides to the Evaluation of Permanent
Impairment which should be used to assign a rating of permanent
impairment to a preexisting condition or a subsequent injury; or
(c) The apportionment of the percentage of
disability between the preexisting condition and the subsequent
injury.
Added to NAC by Div. of Industrial Relations by R132-14, eff. 6/28/2016
NRS 616A.400, 616B.584, 616B.587, 616B.590
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