Nev. Admin. Code § 616B.769 - Permanent physical impairment: "Written records" interpreted; satisfaction of requirement of proof of employer's knowledge
1.
Except as otherwise provided in subsection 2, as used in
NRS
616B.587, the Administrator interprets the
term "written records" to include:
(a) Any
written documentation kept by the employer in the ordinary course of business:
(1) Contemporaneously with the hiring of the
injured employee.
(2) During the
continued employment of the injured employee and before the date of the
subsequent injury.
(b) Any
other written documentation if the Administrator determines that the written
documentation constitutes an objective record of the employer's knowledge of
the injured employee's preexisting permanent physical impairment:
(1) At the time the employer hired the
injured employee.
(2) During the
continued employment of the injured employee and before the date of the
subsequent injury.
(3) At any time
before the employee suffered the subsequent injury for which reimbursement is
being requested.
2. An affidavit, letter, declaration or other
document regarding the preexisting impairment which is prepared after the
subsequent injury does not satisfy the requirement of proof of the employer's
knowledge that the injured employee suffered from a preexisting permanent
physical impairment.
3. To satisfy
the requirement set forth in subsection 4 of
NRS
616B.587 that the private carrier establish
by written records that the employer had knowledge of the preexisting permanent
physical impairment of the injured employee, the private carrier must establish
by a preponderance of the evidence that the contemporaneous written records
show that:
(a) The employer had knowledge of
the preexisting permanent physical impairment of the injured employee at the
time the employee was hired; or
(b)
The employer:
(1) Became aware of the
preexisting permanent physical impairment of the injured employee after the
employee was hired and before the date of the subsequent injury; and
(2) Continued to employ the employee
notwithstanding the employer's knowledge of the preexisting permanent physical
impairment.
Notes
NRS 616A.400, 616B.584, 616B.587, 616B.590
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