NRS
616C.160 Newly developed injury or disease: Inclusion in original claim
for compensation; limitation. If,
after a claim for compensation is filed pursuant to
NRS 616C.020:
1. The injured employee seeks treatment
from a physician or chiropractic physician for a newly developed injury or
disease; and
2. The employee’s medical records for the
injury reported do not include a reference to the injury or disease for which
treatment is being sought, or there is no documentation indicating that there
was possible exposure to an injury described in paragraph (b), (c) or (d) of
subsection 2 of NRS 616A.265,
Ê the injury
or disease for which treatment is being sought must not be considered part of
the employee’s original claim for compensation unless the physician or
chiropractic physician establishes by medical evidence a causal relationship
between the injury or disease for which treatment is being sought and the
original accident.
(Added to NRS by 1993,
663; A 1999,
2447; 2001,
1016)
Notes of Decisions
Hayes v. State Indus. Ins. Sys., 971 P.2d 1257 (Nev. 1998).
· cites it 38× “Hayes' right knee problems might be related to her gain in weight and to the aging process, but determined, in accordance with NRS 616C.160, [1] that, because of the "causal relationship" between the industrial injury and Ms.”
Grover C. Dils Med. Ctr. v. Menditto, 112 P.3d 1093 (Nev. 2005).
· cites it 2× “265(1) (defining "injury" as "a sudden and tangible happening of a traumatic nature, producing an immediate or prompt result which is established by medical evidence"); see also Swinney, 103 Nev.”
Dickinson v. Am. Med. Response, 186 P.3d 878 (Nev. 2008).
“Accordingly, while treating a nonaccepted condition for the noted reasons is not necessarily improper, it nonetheless appears that Dickinson might have reasonably relied on the administrator’s conduct as indicative of acceptance, invoking principles of equity.”
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