Struck = removed from the bill ·
added = the amendment's new text.
SenateSession Bill(81st) A SB295 417 Amendment No.
295–Senator417 CannizzaroSenate CHAPTER..........Amendment to Senate Bill No.
295 (BDR 53-996) Proposed by:
Senate Committee on Commerce and Labor Amends:
Summary:
No Title:
Yes Preamble:
No Joint Sponsorship:
No Digest:
Yes ASSEMBLY ACTION Initial and Dat| SENATE ACTION Initial and Date Adopted Lost | Adopted Lost Concurred In Not | Concurred In Not Receded Not | Receded Not EXPLANATION:
Matter in (1) blue bold italics is new language in the original bill;
(2) variations of green bold underlining is language proposed to be added in this amendment;
(3) red strikethrough is deleted language in the original bill;
(4) purple double strikethrough is language proposed to be deleted in this amendment;
(5) orange double underlining is deleted language in the original bill proposed to be retained in this amendment.
AAS/AAK - Date:
4/16/2021 S.B.
No.
295—Revises provisions relating to industrial insurance.
(BDR 53-996) Page 1 of 5 *A_SB295_417* Senate Amendment No.
417 to Senate Bill No.
295 Page 3 S ENATEB ILLNO .
295–ENATOR CANNIZZARO 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.
Existing law provides that an injured employee is entitled to receive compensation for a permanent total disability only so long as the permanent total injureddisability employeescontinues who are or were firefighters, arson investigators, police officers or emergency medical attendants and who are partially disabled from certain occupational diseases to electexist. to receive such compensation for a permanent total disability.
(NRS 617.455,616C.440) 617.457,Existing 617.485,law 617.487)authorizes Sectioncertain 2injured ofemployees thiswho billare prohibitsor anwere insurerfirefighters, fromarson haltinginvestigators, police officers or limitingemergency themedical paymentattendants ofand compensationwho are partially disabled from certain occupational diseases to elect to receive such employeecompensation earnsfor income.a permanent total disability.
(NRS 617.455, 617.457, 617.485, 617.487) Section 12 of this bill makesprohibits aan conforminginsurer changefrom tohalting anjuredor referencelimiting the payment of compensation to reflectsuch an injured employee for a changepermanent intotal numberingdisability madeon bythe sectionbasis 2.that the injured employee earns income.
EXPLANATIONSection –1 Matterof this bill makes a conforming change to a reference to reflect a change in boldednumbering italicsmade isby new;section 2.
matter between brackets [omitted material] is material to be omitted.
Except as otherwise provided in this section and NRS 616C.175, every employee in the employ of an employer, within the provisions of chaptersSenate 616AAmendment toNo. 616D, inclusive, of NRS, who is injured by accident arising out of and in the course of - 81st Session (2021) – 2 – to 616D, inclusive, of NRS, is entitled to receive the following compensation for permanent total disability:
417 to Senate Bill No.
295 Page 4 chapters 616A to 616D, inclusive, of NRS, who is injured by accident arising out of and in the course of employment, or his or her dependents 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 w(1)was Anydeducted compensationfrom: the employee received for a temporary total disability;
(1) Any compensation the employee received for a temporary total disability;
The 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.
[An] 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 [an] 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.
or (b)Senate UponAmendment theNo. request of the employee, accept in a single payment from the employee an amount that is equal to the actual amount of the lump sum paid to the employee for the permanent partial disability, less the actual amount of all deductions made to date by the insurer from the employee for repayment of the lump sum.
~~~~~417 21to -Senate 81stBill SessionNo. (2021)
295 Page 5 (b) Upon the request of the employee, accept in a single payment from the employee an amount that is equal to the actual amount of the lump sum paid to the employee for the permanent partial disability, less the actual amount of all deductions made to date by the insurer from the employee for repayment of the lump sum.