Nevada § 616C.145 - Independent medical examination of claimant; limitations; payment by insurer; rates of reimbursement; recovery of cost by insurer; applicability

§ 616C.145. Independent medical examination of claimant; limitations; payment by insurer; rates of reimbursement; recovery of cost by insurer; applicability

1. An injured employee may obtain an independent medical examination: (a) Except as otherwise provided in subsections 2 and 3, whenever a dispute arises

from a determination issued by the insurer regarding the approval of care, the direction

of a treatment plan or the scope of the claim; (b) Within 30 days after an injured employee receives any report generated pursuant

to a medical examination requested by the insurer pursuant to NRS 616C.140 ; or (c) At any time by leave of a hearing officer or appeals officer after the denial

of any therapy or treatment. 2. An injured employee is entitled to an independent medical examination pursuant

to paragraph (a) of subsection 1 only: (a) For a claim for compensation that is open; (b) When the closure of a claim for compensation is under dispute pursuant to NRS 616C.235 ; or (c) When a hearing or appeal is pending pursuant to NRS 616C.330 or 616C.360 . 3. An injured employee is entitled to only one independent medical examination per

calendar year pursuant to paragraph (a) of subsection 1. 4. Except as otherwise provided in subsection 5, an independent medical examination

must not involve treatment and must be conducted by a physician or chiropractic physician

selected by the injured employee from the panel of physicians and chiropractic physicians

established pursuant to subsection 1 of NRS 616C.090 . 5. An injured employee is entitled to request an independent medical examination pursuant

to paragraph (a) of subsection 1 for a permanent partial disability to determine if

the injured employee has a ratable impairment or, if the injured employee is seeking

to dispute an initial rating determination, to obtain a second rating. The injured employee must select the rating physician or chiropractic physician

at random from the list of qualified physicians and chiropractic physicians maintained

by the Administrator pursuant to subsection 2 of NRS 616C.490 , unless the insurer and the injured employee otherwise agree to a rating physician

or chiropractic physician. Nothing in this subsection shall be construed to prohibit an injured employee from

obtaining a determination for a permanent partial disability pursuant to NRS 616C.100 . 6. The insurer shall: (a) Pay the costs of any independent medical examination conducted pursuant to this

section in accordance with subsection 7; and (b) Upon request, receive a copy of any report or other document that is generated

as a result of the independent medical examination. 7. The rates of reimbursement for an independent medical examination conducted pursuant

to this section must be: (a) For an independent medical examination other than an independent medical examination

conducted pursuant to subsection 5, the rates applicable to independent medical examinations,

as set forth in the schedule of fees established by the Administrator pursuant to NRS 616C.260 . (b) For an independent medical examination conducted pursuant to subsection 5, the

rates applicable to a permanent partial disability, as set forth in the schedule of

fees established by the Administrator pursuant to NRS 616C.260 . 8. If an injured employee requests an independent medical examination pursuant to

subsection 5 to obtain a second rating and the second rating does not result in a

higher percentage of disability than the initial rating determination, the insurer

may recover the cost of the independent medical examination, determined in accordance

with the rates of reimbursement specified in paragraph (b) of subsection 7, from the

amount of the award for permanent partial disability that the injured employee is

entitled to be paid for that claim pursuant to NRS 616C.490 . 9. The provisions of this section do not apply to an independent medical examination

ordered by a hearing officer pursuant to subsection 3 of NRS 616C.330 or by an appeals officer pursuant to subsection 3 of NRS 616C.360 .