Nevada § 616C.490 - Permanent partial disability: Compensation; selection of and evaluation by rating physician or chiropractic physician; required commencement of installment payments for portion of award not in dispute; Administrator to publish annual report of rating physicians and chiropractic physicians selected to conduct evaluations to determine disabilities

§ 616C.490. Permanent partial disability: Compensation; selection of and evaluation by rating physician or chiropractic physician; required commencement of installment payments for portion of award not in dispute; Administrator to publish annual report of rating physicians and chiropractic physicians selected to conduct evaluations to determine disabilities

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

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

course of employment is entitled to receive the compensation provided for permanent

partial disability. As used in this section, “disability” and “impairment of the whole person” are equivalent

terms. 2. Except as otherwise provided in subsection 3: (a) Within 30 days after receiving from a physician or chiropractic physician a report

indicating that the injured employee may have suffered a permanent disability and

is stable and ratable, the insurer shall schedule an appointment with the rating physician

or chiropractic physician selected pursuant to this subsection to determine the extent

of the employee's disability. (b) Unless the insurer and the injured employee otherwise agree to a rating physician

or chiropractic physician: (1) The insurer shall select the rating physician or chiropractic physician from the

list of qualified rating physicians and chiropractic physicians designated by the

Administrator, to determine the percentage of disability in accordance with the American

Medical Association's Guides to the Evaluation of Permanent Impairment as adopted and supplemented by the Division pursuant to NRS 616C.110 . (2) Rating physicians and chiropractic physicians must be selected at random from

the list of qualified physicians and chiropractic physicians designated by the Administrator

unless the physician or chiropractic physician who is selected is currently an employee

of the insurer making the selection, in which case another random selection must be

made until a physician or chiropractic physician who is not currently an employee

of the insurer is selected. (3) A rating physician or chiropractic physician selected pursuant to subparagraph

(1) or (2) may decline the selection if he or she believes he or she does not have

the ability to rate the disability at issue. 3. Notwithstanding any other provision of law, an injured employee or the legal representative

of an injured employee may, at any time, without limitation, request that the Administrator

select a rating physician or chiropractic physician from the list of qualified physicians

and chiropractic physicians designated by the Administrator. The Administrator, upon receipt of the request, shall immediately select for the

injured employee the rating physician or chiropractic physician at random from the

list. 4. If an insurer contacts a treating physician or chiropractic physician to determine

whether an injured employee has suffered a permanent disability, the insurer shall

deliver to the treating physician or chiropractic physician that portion or a summary

of that portion of the American Medical Association's Guides to the Evaluation of Permanent Impairment as adopted by the Division pursuant to NRS 616C.110 that is relevant to the type of injury incurred by the employee. 5. At the request of the insurer, the injured employee shall, before an evaluation

by a rating physician or chiropractic physician is performed, notify the insurer of: (a) Any previous evaluations performed to determine the extent of any of the employee's

disabilities; and (b) Any previous injury, disease or condition sustained by the employee which is relevant

to the evaluation performed pursuant to this section. The notice must be on a form approved by the Administrator and provided to the injured

employee by the insurer at the time of the insurer's request. 6. Unless the regulations adopted pursuant to NRS 616C.110 provide otherwise, a rating evaluation must include an evaluation of the loss of

motion, sensation and strength of an injured employee if the injury is of a type that

might have caused such a loss. Except in the case of claims accepted pursuant to NRS 616C.180 , no factors other than the degree of physical impairment of the whole person may

be considered in calculating the entitlement to compensation for a permanent partial

disability. 7. The rating physician or chiropractic physician shall provide the insurer with his

or her evaluation of the injured employee. After receiving the evaluation, the insurer shall, within 14 days, provide the employee

with a copy of the evaluation and notify the employee: (a) Of the compensation to which the employee is entitled pursuant to this section;

or (b) That the employee is not entitled to benefits for permanent partial disability. 8. Each 1 percent of impairment of the whole person must be compensated by a monthly

payment: (a) Of 0.5 percent of the claimant's average monthly wage for injuries sustained before

July 1, 1981; (b) Of 0.6 percent of the claimant's average monthly wage for injuries sustained on

or after July 1, 1981, and before June 18, 1993; (c) Of 0.54 percent of the claimant's average monthly wage for injuries sustained

on or after June 18, 1993, and before January 1, 2000; and (d) Of 0.6 percent of the claimant's average monthly wage for injuries sustained on

or after January 1, 2000. Compensation must commence on the date of the injury or the day following the termination

of temporary disability compensation, if any, whichever is later, and must continue

on a monthly basis for 5 years or until the claimant is 70 years of age, whichever

is later. 9. Compensation benefits may be paid annually to claimants who will be receiving less

than $100 a month. 10. If there is a previous disability, the percentage of disability for a subsequent

injury must be determined pursuant to NRS 616C.099 . 11. In the event of a dispute over an award of compensation for permanent partial

disability, the insurer shall commence making installment payments to the injured

employee for that portion of the award that is not in dispute: (a) Not later than the date by which such payment is required pursuant to subsection

8 or 9, as applicable; and (b) Without requiring the injured employee to make an election whether to receive

his or her compensation in installment payments or in a lump sum. 12. The Division may adopt schedules for rating permanent disabilities resulting from

injuries sustained before July 1, 1973, and reasonable regulations to carry out the

provisions of this section. 13. The increase in compensation and benefits effected by the amendment of this section

is not retroactive for accidents which occurred before July 1, 1973. 14. This section does not entitle any person to double payments for the death of an

employee and a continuation of payments for a permanent partial disability, or to

a greater sum in the aggregate than if the injury had been fatal. 15. The Administrator shall prepare and publish on the Internet website of the Division

an annual report which contains: (a) The name of each rating physician or chiropractic physician who was selected in

the immediately preceding year to conduct an evaluation to determine the extent of

an employee's disability pursuant to this section; and (b) For each rating physician or chiropractic physician identified pursuant to paragraph

(a): (1) The number of times the rating physician or chiropractic physician was selected

to conduct an evaluation to determine the extent of an employee's disability; and (2) The number of evaluations that the rating physician or chiropractic physician

completed.