Nevada § 616C.099 - Rating of disability for subsequent injury; required proof to reduce percentage of present disability; required forms of evidence; lack of documentary evidence

§ 616C.099. Rating of disability for subsequent injury; required proof to reduce percentage of present disability; required forms of evidence; lack of documentary evidence

1. If a rating evaluation was completed for a previous disability involving a condition,

occupational disease, organ, anatomical structure or other part of the body that is

identical to the condition, occupational disease, organ, anatomical structure or other

part of the body being evaluated for the present disability, the percentage of disability

for a subsequent injury must be determined by deducting the percentage of the previous

disability from the percentage of the present disability, regardless of the edition

of the American Medical Association's Guides to the Evaluation of Permanent Impairment as adopted by the Division pursuant to NRS 616C.110 used to determine the percentage of the previous disability. The compensation awarded for a permanent disability on a subsequent injury must

be reduced only by the awarded or agreed upon percentage of disability actually received

by the injured employee for the previous injury regardless of the percentage of the

previous disability. 2. If no rating evaluation performed before the date of injury or onset of the occupational

disease exists for apportionment of percentage of present and previous disabilities

pursuant to subsection 1, the percentage of the present disability must not be reduced

unless: (a) The insurer proves by a preponderance of the evidence that medical documentation

or health care records that existed before the date of the injury or onset of the

occupational disease that resulted in the present disability demonstrate evidence

that the injured employee had an actual impairment or disability involving the condition,

occupational disease, organ, anatomical structure or other part of the body that is

the subject of the present disability; and (b) The rating physician or chiropractic physician states to a reasonable degree of

medical or chiropractic probability that, based upon the specific information in the

preexisting medical documentation or health care records, the injured employee would

have had a specific percentage of disability immediately before the date of the injury

or the onset of the occupational disease if, in the instant before the injury or the

onset of the occupational disease, the injured employee had been evaluated under the

edition of the American Medical Association's Guides to the Evaluation of Permanent Impairment that had been adopted by the Division pursuant to NRS 616C.110 . 3. The documentation or records relied upon pursuant to subsection 2 must provide

specific references to one or more of the following: (a) Diagnoses; (b) Measurements; (c) Imaging studies; (d) Laboratory testing; or (e) Other commonly relied upon medical evidence that supports the finding of a preexisting

ratable impairment under the specific provisions of the edition of the American Medical

Association's Guides to the Evaluation of Permanent Impairment that had been adopted by the Division pursuant to NRS 616C.110 at the time of that rating evaluation. 4. If there is physical evidence of a prior surgery to the same organ, anatomical

structure or other part of the body being evaluated for the present disability but

no medical documentation or health care records regarding that organ, anatomical structure

or other part of the body can be obtained, the rating physician or chiropractic physician

may apportion the rating provided that the applicable requirements of subsection 2,

other than any requirement to: (a) Have medical documentation or health care records; or (b) Base a rating upon medical documentation or health care records, are satisfied. 5. If there is no physical evidence of a prior surgery to the same organ, anatomical

structure or other part of the body being evaluated for the present disability and

no medical documentation or health care records of a preexisting whole person impairment

for the identical condition, occupational disease, organ, anatomical structure or

other part of the body being evaluated for the present disability exist for the purposes

of subsection 1 or 2, the percentage of present impairment must not be reduced by

any percentage for the previous impairment.