Nev. Admin. Code § 616B.768

Current through October 11, 2024

Section 616B.768 - Permanent physical impairment: Factors for determination; Administrator not bound by certain agreements between injured employee and private carrier

1. For the purposes of determining whether a preexisting impairment is a permanent physical impairment:

(a) If the preexisting impairment of the employee arose out of and in the course of his or her employment and the employee has been assigned a rating of permanent impairment which is no longer appealable, the Administrator may choose to accept the rating for the preexisting impairment if the rating was assigned based on the edition of the American Medical Association's Guides to the Evaluation of Permanent Impairment that was in effect on the date on which the preexisting impairment was rated;

(b) If a claim for reimbursement from the Subsequent Injury Account for Private Carriers has been submitted to the Administrator pursuant to NAC 616B.760 but the preexisting impairment has not yet been assigned a rating, the Administrator may choose not to make a ruling on the claim until a determination has been made concerning the preexisting impairment in accordance with the edition of the American Medical Association's Guides to the Evaluation of Permanent Impairment that was in effect on the date on which the subsequent injury is rated; and

(c) If a claim for reimbursement from the Subsequent Injury Account for Private Carriers has been submitted to the Administrator pursuant to NAC 616B.760 and a rating has been assigned to the preexisting impairment but the rating is not deemed final, the Administrator may choose not to make a ruling on the claim until the rating has been finalized in accordance with the edition of the American Medical Association's Guides to the Evaluation of Permanent Impairment that is in effect on the date on which the preexisting impairment is rated.

2. The Administrator is not bound by any agreement between an injured employee and a private carrier concerning:

(a) The rating of permanent impairment assigned to a preexisting condition or a subsequent injury;

(b) The edition of the American Medical Association's Guides to the Evaluation of Permanent Impairment which should be used to assign a rating of permanent impairment to a preexisting condition or a subsequent injury; or

(c) The apportionment of the percentage of disability between the preexisting condition and the subsequent injury.

Nev. Admin. Code § 616B.768

Added to NAC by Div. of Industrial Relations by R132-14, eff. 6/28/2016

NRS 616A.400, 616B.584, 616B.587, 616B.590