Nev. Admin. Code § 616B.Sec. 2-1 - NEW

Current through March 28, 2022

1. For the purposes of determining whether a preexisting impairment is a permanent physical impairment:
(a) If the preexisting impairment of the injured employee arose out of and in the course of his or her employment and the employee has been assigned a rating of permanent impairment which is no longer appealable, the Board may choose to accept the rating for the preexisting impairment if the rating was assigned based on the edition of the American Medical Association's Guides to the Evaluation of Permanent Impairment that was in effect on the date on which the preexisting impairment was rated;
(b) If a claim for reimbursement from the Account has been served on the Administrator pursuant to NAC 616B.7773 but the preexisting impairment has not yet been assigned a rating, the Administrator may choose not to make a recommendation on the claim and the Board may choose not to rule on the claim until after a determination of rating has been made concerning the preexisting impairment in accordance with the edition of the American Medical Association's Guides to the Evaluation of Permanent Impairment that was in effect on the date on which the subsequent injury was rated; and
(c) If a claim for reimbursement from the Account has been served on the Administrator pursuant to NAC 616B.7773 and a rating has been assigned to the preexisting impairment but the rating is not deemed final, the Administrator may choose not to make a recommendation on the claim and the Board may choose not to rule on the claim until the rating has been finalized in accordance with the edition of the American Medical Association's Guides to the Evaluation of Permanent Impairment that is in effect on the date on which the rating of the preexisting impairment is finalized.
2. The Board and the Administrator are not bound by any agreement between an injured employee and an association concerning:
(a) The rating of permanent impairment assigned to a preexisting condition or a subsequent injury;
(b) The edition of the American Medical Association's Guides to the Evaluation of Permanent Impairment which should be used to assign a rating of permanent impairment to a preexisting condition or a subsequent injury; or
(c) The apportionment of the percentage of disability between the preexisting condition and the subsequent injury.

Notes

Nev. Admin. Code § 616B.Sec. 2-1
Added to NAC by Div. of Industrial Relations by R026-18A, eff. 2/20/2020
NRS 616B.572, 616B.578

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