Nevada § 616B.590 - Reimbursement of private carrier for cost of additional compensation resulting from subsequent injury

§ 616B.590. Reimbursement of private carrier for cost of additional compensation resulting from subsequent injury

1. A private carrier who pays compensation due to an employee who has a permanent

physical impairment from any cause or origin and incurs a subsequent disability by

injury arising out of and in the course of his or her employment which entitles the

employee to compensation for disability that is substantially greater by reason of

the combined effects of the preexisting impairment and the subsequent injury than

that which would have resulted from the subsequent injury alone is entitled to be

reimbursed from the Subsequent Injury Account for Private Carriers if: (a) The employee knowingly made a false representation as to his or her physical condition

at the time the employee was hired by the employer insured by a private carrier; (b) The employer relied upon the false representation and this reliance formed a substantial

basis of the employment; and (c) A causal connection existed between the false representation and the subsequent

disability. If the subsequent injury of the employee results in his or her death and it is determined

that the death would not have occurred except for the preexisting permanent physical

impairment, any compensation paid is entitled to be reimbursed from the Subsequent

Injury Account for Private Carriers. 2. A private carrier shall notify the Administrator of any possible claim against

the Subsequent Injury Account for Private Carriers pursuant to this section no later

than 60 days after the date of the subsequent injury or the date the employer learns

of the employee's false representation, whichever is later.