SB 295 — Revises provisions relating to industrial insurance. (BDR 53-996)

(ReprintedSenate withBill amendmentsNo. adopted on April 19, 2021) FIRST REPRINT S.B.

295295–Senator SCannizzaro ENATECHAPTER.......... B ILLN O.

295–SENATOR C ANNIZZARO M ARCH 22, 2021 ____________ Referred to Committee on Commerce and Labor SUMMARY—Revises provisions relating to industrial insurance.

(BDR 53-996) 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.

(NRS 617.455, 617.457, 617.485, 617.487) Section 2 of this bill prohibits an insurer from halting or limiting the payment of compensation to such an injured employee forearns aincome. permanent total disability on the basis that the injured reference to reflect a change in numbering made by section 2.ing change to a THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1 of this bill makes a conforming change to anjured reference to reflect a change in numbering made by section 2.

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 permanent total disability is not entitled to compensation for permanent partial disability during the period when the - *SB295_R1* – 2 – employee is receiving compensation for the permanent total disability.

Except as otherwise provided in this section and 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 accident arising out of and in the course of employment,- or81st hisSession or(2021) her– dependents2 as– defined in chapters 616A to 616D, inclusive, of NRS, is entitled to receive the following compensation for permanent total disability:

The total amount of the allowable deduction includes, without limitation, compensation for a permanent partial disability that wasw(1) deductedAny from:compensation the employee received for a temporary total disability;

(1) Any compensation the employee received for a temporary total disability;

The - *SB295_R1* – 3 – injured employee or his or her dependents are entitled to receive those benefits when the injured employee is released from incarceration if the injured employee is certified as permanently totally disabled by a physician or chiropractor.

If an injured employee has filed a claim with an insurer pursuant to NRS 617.455, 617.457, 617.485 or 617.487, the insurer may not terminate, suspend, withhold, offset, reduce or - 81st Session (2021) – 3 – otherwise halt, restrict or limit the payment of compensation for a permanent total disability to the injured employee or his or her dependents on the basis that the injured employee earns income.

If an employee who has received compensation in a lump sum for a permanent partial disability pursuant to NRS 616C.495 is subsequently determined to be permanently and totally disabled, the insurer of the employee’s employer shall recover pursuant to this subsection the actual amount of the lump sum paid to the employee for the permanent partial disability.

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