Nevada § 616C.475 - Amount and duration of compensation; limitations; cessation of payments; requirements for certification of disability; offer of light-duty employment

§ 616C.475. Amount and duration of compensation; limitations; cessation of payments; requirements for certification of disability; offer of light-duty employment

1. Except as otherwise provided in this section, NRS 616C.175 and 616C.390 , every employee in the employ of an employer, within the provisions of chapters 616A

to 616D, inclusive, of NRS, who is injured by accident arising out of and in the course

of employment, or his or her dependents, is entitled to receive for the period of

temporary total disability, 66 2/3 percent of the average monthly wage. 2. Except as otherwise provided in NRS 616B.028 and 616B.029 , an injured employee or his or her dependents are not entitled to accrue or be paid

any benefits for a temporary total disability during the time the injured employee

is incarcerated. The injured employee or his or her dependents are entitled to receive such benefits

when the injured employee is released from incarceration if the injured employee is

certified as temporarily totally disabled by a physician or chiropractic physician. 3. If a claim for the period of temporary total disability is allowed, the first payment

pursuant to this section must be issued by the insurer within 14 working days after

receipt of the initial certification of disability and regularly thereafter. 4. Any increase in compensation and benefits effected by the amendment of subsection

1 is not retroactive. 5. Payments for a temporary total disability must cease when: (a) A physician or chiropractic physician determines that the employee is physically

capable of any gainful employment for which the employee is suited, after giving consideration

to the employee's education, training and experience; (b) The employer offers the employee light-duty employment or employment that is modified

according to the limitations or restrictions imposed by a physician or chiropractic

physician pursuant to subsection 7; or (c) Except as otherwise provided in NRS 616B.028 and 616B.029 , the employee is incarcerated. 6. Each insurer may, with each check that it issues to an injured employee for a temporary

total disability, include a form approved by the Division for the injured employee

to request continued compensation for the temporary total disability. 7. A certification of disability issued by a physician or chiropractic physician must: (a) Include the period of disability and a description of any physical limitations

or restrictions imposed upon the work of the employee; (b) Specify whether the limitations or restrictions are permanent or temporary; and (c) Be signed by the treating physician or chiropractic physician authorized pursuant

to NRS 616B.527 or appropriately chosen pursuant to subsection 4 or 5 of NRS 616C.090 . 8. If the certification of disability specifies that the physical limitations or restrictions

are temporary, the employer of the employee at the time of the employee's accident

may offer temporary, light-duty employment to the employee. If the employer makes such an offer, the employer shall confirm the offer in writing

within 10 days after making the offer. The making, acceptance or rejection of an offer of temporary, light-duty employment

pursuant to this subsection does not affect the eligibility of the employee to receive

vocational rehabilitation services, including compensation, and does not exempt the

employer from complying with NRS 616C.545 to 616C.575 , inclusive, and 616C.590 or the regulations adopted by the Division governing vocational rehabilitation services. Any offer of temporary, light-duty employment made by the employer must specify

a position that: (a) Is substantially similar to the employee's position at the time of his or her

injury in relation to the location of the employment and the hours the employee is

required to work; (b) Provides a gross wage that is: (1) If the position is in the same classification of employment, equal to the gross

wage the employee was earning at the time of his or her injury; or (2) If the position is not in the same classification of employment, substantially

similar to the gross wage the employee was earning at the time of his or her injury;

and (c) Has the same employment benefits as the position of the employee at the time of

his or her injury.