NRS
616C.400 Minimum duration of incapacity; exceptions.
1. Temporary compensation benefits must
not be paid under chapters 616A to 616D, inclusive, of NRS for an injury which
does not incapacitate the employee for at least 5 consecutive days, or 5
cumulative days within a 20-day period, from earning full wages, but if the
incapacity extends for 5 or more consecutive days, or 5 cumulative days within
a 20-day period, compensation must then be computed from the date of the
injury.
2. The period prescribed in this section
does not apply to:
(a) Accident benefits, whether they are furnished
pursuant to NRS 616C.255 or 616C.265, if the injured employee is
otherwise covered by the provisions of chapters
616A to 616D, inclusive, of NRS and
entitled to those benefits.
(b) Compensation paid to the injured employee
pursuant to subsection 1 of NRS 616C.477.
(c) A claim which is filed pursuant to NRS 617.453, 617.455 or 617.457.
(d) A claim to which subsection 4 or 5 of NRS 616C.180 applies.
[69:168:1947; 1943 NCL § 2680.69]—(NRS A 1975,
254; 1987,
922; 2005,
101; 2017,
3891; 2019,
1902)
Notes of Decisions
City of Henderson v. Wolfgram, 2021 NV 79 (Nev. 2021).
· cites it 30× “[t] he claimant did not meet the minimum duration of incapacity as set forth in NRS 616C.400 as a result of the injury." NRS 616C.”
Garcia v. Associated Risk Mgmt., Inc. (Nev. 2019).
· cites it 2× “Under NRS 616C.400 and NRS 616C.475, an employee who is injured in a workplace accident and is unable to earn full wages for at least five consecutive days or five cumulative days in a 20-day period may qualify for temporary total disability benefits.”
Garcia v. Associated Risk Mgmt., Inc. (Nev. 2019).
· cites it 2× “Under NRS 616C.400 and NRS 616C.475, an employee who is injured in a workplace accident and is unable to earn full wages for at least five consecutive days or five cumulative days in a 20-day period may qualify for temporary total disability benefits.”
Anderson v. State, Emp't Sec. Div., 2014 NV 32 (Nev. 2014).
· cites it 2× “405 (stating that a person may not receive permanent partial disability compensation "during [a] period of temporary total disability" and that a person may not receive a permanent partial disability award "during [a] period of temporary partial disability"); see NRS 616C.400…”
— Nev. Rev. Stat. § 616C.400(1) — 3 cases
City of Henderson v. Wolfgram, 2021 NV 79 (Nev. 2021).
“[t] he claimant did not meet the minimum duration of incapacity as set forth in NRS 616C.400 as a result of the injury." NRS 616C.”
Garcia v. Associated Risk Mgmt., Inc. (Nev. 2019).
“Under NRS 616C.400 and NRS 616C.475, an employee who is injured in a workplace accident and is unable to earn full wages for at least five consecutive days or five cumulative days in a 20-day period may qualify for temporary total disability benefits.”
Garcia v. Associated Risk Mgmt., Inc. (Nev. 2019).
“Under NRS 616C.400 and NRS 616C.475, an employee who is injured in a workplace accident and is unable to earn full wages for at least five consecutive days or five cumulative days in a 20-day period may qualify for temporary total disability benefits.”
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