AB 370 — Revises provisions relating to workers' compensation. (BDR 53-6)

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

370370–Assemblyman ASSEMBLYDaly BILLCHAPTER.......... NO .

370–ASSEMBLYMAN D ALY M ARCH 20, 2019 ____________ Referred to Committee on Commerce and Labor SUMMARY—Revises provisions relating to workers’ compensation.

(BDR 53-6) FISCAL NOTE:

Effect on Local Government:

May have Fiscal Impact.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

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

Section 3.5 of this bill provides for an annual increase in death benefits in the amount of 2.3 percent for widows, widowers, surviving children or surviving dependent parents who are entitled to death benefits under industrial insurance on account of industrial injuries or disablements from occupational diseases, with compensation to be increased on January 1, 2020, and on January 1 of each year thereafter.

Section 3.8 of this bill provides that an insurer who pays an increase in certain deathis benefitsentitled to abe widow,reimbursed widower,annually survivingfor childthe oramount survivingof dependentthat parentincrease if the insurer provides certain information relating to those death benefits to the Administrator of the Division of Industrial Relations of the Department of Business and Industry.

(NRS 616A.425) Section 1 of this bill provides that, for widows, widowers, surviving children and surviving dependent parents who are entitled to receive death benefits on account of an industrial injury or a disablement from an occupational disease that occurred before July 1, 2019, money in the Fund may also be used to pay:

(1) reimbursement to insurers for the - *AB370_R1* – 2 – cost of the increase in those death benefits;

Section 4 of this bill provides that, for widows, widowers, surviving children and surviving dependent parents who are entitled to receive death benefits on account of an industrial injury or a disablement from an occupational disease that occurred before July 1, 2019, assessments against employers who provide accident benefits for injured employees may be used to defray the costs of:

and (2)death thebenefits.and salary and other expenses of administering the payment of those increased deaSectionsSections 5 and 6 of this bill set forth the calculation of the base amount of the annual death benefits of a widow, widower, surviving child or surviving dependent parent who is entitled to receive future increases in those death benefits on account of an industrial injury or a disablement from an occupational disease that occurred before January 1, 1994.

80th Session (2019) – 2 – EXPLANATION – Matter in bolded italics is new;

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

- *AB370_R1* – 3 – (e) Claims against uninsured employers arising from compliance with NRS 616C.220 and 617.401.

(g) For widows, widowers, surviving children and surviving dependent parents who are entitled to death benefits on account of 80th Session (2019) – 3 – an industrial injury or a disablement from an occupational disease that occurred before July 1, 2019:

Sec.Secs.

2.2 and 3.

3.

(Deleted by amendment.) Sec.

Any widow, widower, surviving child or surviving dependent parent who is receiving death benefits pursuant to chapters 616A to 617, inclusive, of NRS on account of an industrial injury or a disablement from an occupational disease - *AB370_R1* – 4 – is entitled to an annual increase in those death benefits in the amount of 2.3 percent.

Any increase in death benefits provided pursuant to this section is in addition to any increase in death benefits to which a 80th Session (2019) – 4 – widow, widower, surviving child or surviving dependent parent is otherwise entitled by law.

- *AB370_R1* – 5 – 2.

80th Session (2019) – 5 – 3.

- *AB370_R1* – 6 – (b) Self-insured employers that results in an equitable distribution of costs among the self-insured employers and is based upon expected annual expenditures for claims;

80th Session (2019) – 6 – (c) Associations of self-insured public or private employers that results in an equitable distribution of costs among the associations of self-insured public or private employers and is based upon expected annual expenditures for claims;

- *AB370_R1* – 7 – [5.

If the Division refunds any part of an assessment, the Division shall include in that refund any interest earned by the Division from the refunded part of the assessment.] 80th Session (2019) – 7 – (g) For widows, widowers, surviving children and surviving dependent parents who are entitled to death benefits on account of an industrial injury or a disablement from an occupational disease pursuant to section 3.5 of this act that occurred before July 1, 2019:

For the purposes of subsection 1 of section 3.5 of this act, the amount of death benefits which is to be increased by 2.3 percent on January 1, 2020, for a widow, widower, surviving child or surviving dependent parent who is entitled to receive death benefits on account of an industrial injury or a disablement from an occupational disease that occurred on or after January 1, 1989, and before January 1, 1994, shall be deemed to be the amount of annual death benefits the widow, widower, surviving child or surviving dependent parent was entitled to receive before the effective date of - *AB370_R1* – 8 – this act, compounded 2 times at 2.3 percent.

The intent of this 80th Session (2019) – 8 – section is to put the widow, widower, surviving child or surviving dependent parent in the same position on January 1, 2020, with regard to the amount of death benefits to be increased by 2.3 percent pursuant to paragraph (a) of subsection 1 of section 3.5 of this act, as if the widow, widower, surviving child or surviving dependent parent had been receiving an annual increase of 2.3 percent of his or her annual death benefits on January 1 of each year beginning on JanSec.January 1, 2018.

Sec.

H~~~~~ -19 *AB370_R1*80th Session (2019)