Nev. Admin. Code § 616B.Sec. 9-1 - NEW

Current through August 4, 2021

1. Except as otherwise provided in subsection 2, as used in NRS 616B.578, the Board 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 Board 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) If a claim for reimbursement from the Account is related to the retention in employment of an employee after an employer acquired knowledge of the employee's preexisting permanent physical impairment and the written documentation existed and was possessed by the employer at the time of hire or before the date of the subsequent injury, during the continued employment of the injured employee.
(3) At any time before the injured 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.578 that the association establish by written records that the employer had knowledge of the preexisting permanent physical impairment of the injured employee, the association 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 occurrence of the subsequent injury; and
(2) Continued to employ the employee notwithstanding the employer's knowledge of the preexisting permanent physical impairment.

Notes

Nev. Admin. Code § 616B.Sec. 9-1
Added to NAC by by R026-18A, eff. 2-20-2020
NRS 616B.572, 616B.578

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