AB 128 — Revises provisions governing vocational rehabilitation. (BDR 53-829)

(ReprintedAssembly withBill amendmentsNo. adopted on April 22, 2019) FIRST REPRINT A.B.

128128–Assemblymen ASSEMBLYCohen; BILL NO .

128–ASSEMBLYMENSwank Cand OHENYeager ;CHAPTER..........

SWANK AND Y EAGER FEBRUARY 12, 2019 ____________ Referred to Committee on Commerce and Labor SUMMARY—Revises provisions governing vocational rehabilitation.

(BDR 53-829) FISCAL NOTE:

EffEffect on the State:

No.

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

and (2) authorizeeliminates orthe denyprohibition aon thirdthe programappeal of vocationalthe rehabilitation.fdetermination of an insurer to ExistingauthExisting law:

and (3) prohibits the appeal of the determination of an insurer to grant or providesdeny thatan aextension program for vocational rehabilitation may be extended by the insurer or by order of a hearingprogram. officer or appeals officer;

(2)(NRS eliminates616C.560) theSection limits - *AB128_R1* – 2 – on the total length of athis program;bill:

and(1) (3)provides eliminatesthat thea prohibitionprogram onfor thevocational appealrehabilitation ofmay thebe determinationextended ofby anthe insurer to grant or denyby anorder extension of a program.hearing officer or appeals officer;

Existing(2) laweliminates requiresthe anylimits payment of compensation in a lump sum in lieu of the provisiondetermination of vocationalan rehabilitationinsurer services to begrant notor lessdeny thanan 40extension percent of thea maximumprogram. rehabilitation maintenance due to the injured employee.

(NRSappeal maximumof rehabilitationExisting maintenance.creaseslaw thatrequires amountany topayment 55of percentcompensation in a lump sum in lieu of the THEprovision PEOPLEof OFvocational THErehabilitation STATEservices OFto NEVADA,be REPRESENTEDnot INless SENATEthan AND40 ASSEMBLY,percent DOof ENACTthe ASmaximum FOLLOWS:rehabilitation maintenance due to the injured employee.

(NRS 616C.595) Section 3 of this bill increases that amount to 55 percent of the maximum rehabilitation maintenance.

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

A vocational rehabilitation counselor shall develop a plan for a program of vocational rehabilitation for each - 80th Session (2019) – 2 – injured employee who is eligible for vocational rehabilitation services pursuant to NRS 616C.590.

When practicable, the goal of job placement assistance must be to aid the employee in finding a position which pays a gross wage that is equal to or greater than 80 percent of the gross wage that the employee was earning at the time of his or her injury.

(a) If the injured employee has incurred a permanent disability as a result of which permanent restrictions on the ability of the injured employee to work have been imposed but no permanent physical impairment rating has been issued, or a permanent - *AB128_R1* – 3 – disability with a permanent physical impairment of 0 percent, 9 months.

- 80th Session (2019) – 3 – 5.

A program of vocational rehabilitation must not commence before the treating physician or chiropractor, or an examining physician or chiropractor determines that the injured employee is capablecap7.le If, based upon the opinion of safelya participatingtreating inor an examining physician or chiropractor, the program.counselor determines that an injured employee is not eligible for vocational rehabilitation services, the counselor shall provide a copy of the opinion to the injured employee, the injured employee’s employer and the insurer.

physician or chiropractor, the counselor determines that an injured employee is not eligible for vocational rehabilitation services, the employee, the injured employee’s employer and the insurer.ed 8.

The insurer, with the approval of the employer who was the injured employee’s employer at the time of his or her injury, may authorize a third program for the injuredthe employee.employer’s approval is not required for authorization of a third program.

If such an employer has terminated operations, the employer’s approval is not required for authorization of a third - *AB128_R1* – 4 – program.

- 80th Session (2019) – 4 – (1) The injured employee makes a written request to extend the program not later than 30 days after the program has been completed;

2.impairment of less than 11 percent:incurred a permanent physical (a) The total length of the program, including any extension, must not exceed 2 years.

If(b) an“Exceptional injuredcircumstances” employeeshall hasbe incurreddeemed ato permanentexist physicalfor impairmentthe purposes of lessparagraph than(b) 11of percent:subsection 1, if:

must(1) not exceed 2 years.of the program, including any extension, (b) “Exceptional circumstances” shall be deemed to exist for the purpos(1) The injured employee lacks work experience, training, education or other transferable skills for an occupation which the injured employee is physically capable of performing;

(2) The loss by separation of a leg at or above the knee;

- *AB128_R1* – 5 – (5) An injury to the head which results in a severe cognitive functional impairment which may be established by a nationally recognized form of objective psychological testing;

(7) An injury consisting of second or third degree burns on 50 percent or more of the body, both hands or the face;

or - 80th Session (2019) – 5 – (10) A permanent physical impairment of 50 percent or more determined pursuant to NRS 616C.490, if the severity of the impairment limits the injured employee’s gainful employment to vocations that are primarily intellectual and require a longer program of education.

[Except as otherwise provided in this section, the] The decision shallpurposes beof deemedNRS to616C.315.inal be a final determination of the insurer for the purposesSec. of NRS 616C.315.

Sec.

If an injured employee is eligible for vocational rehabilitation services pursuant to NRS 616C.590, the insurer and the injured employee may, at any time during the employee’seremployee’s and eligibility for such services, execute a written agreement providing for the payment of compensation in a lump sum in lieu of the provision of vocational rehabilitation services.

Before executing an agreement pursuant to subsection 1, an insurerins(a) shall:Order an assessment of and counseling concerning the vocational skills of the injured employee, unless the provisions of subsection 3 of NRS 616C.580 are applicable;