NRS
616C.475 Amount and duration of compensation; limitations; cessation of
payments; requirements for certification of disability; offer of light-duty
employment.
1. Except as otherwise provided in this
section, NRS 616C.175 and 616C.390, every employee in the employ of
an employer, within the provisions of chapters
616A to 616D, inclusive, of NRS, who is
injured by accident arising out of and in the course of employment, or his or
her dependents, is entitled to receive for the period of temporary total
disability, 66 2/3 percent of the average monthly wage.
2. Except as otherwise provided in NRS 616B.028 and 616B.029, an injured employee or his or
her dependents are not entitled to accrue or be paid any benefits for a
temporary total disability during the time the injured employee is
incarcerated. The injured employee or his or her dependents are entitled to
receive such benefits when the injured employee is released from incarceration
if the injured employee is certified as temporarily totally disabled by a
physician or chiropractic physician.
3. If a claim for the period of temporary
total disability is allowed, the first payment pursuant to this section must be
issued by the insurer within 14 working days after receipt of the initial
certification of disability and regularly thereafter.
4. Any increase in compensation and
benefits effected by the amendment of subsection 1 is not retroactive.
5. Payments for a temporary total
disability must cease when:
(a) A physician or chiropractic physician
determines that the employee is physically capable of any gainful employment
for which the employee is suited, after giving consideration to the employee’s
education, training and experience;
(b) The employer offers the employee light-duty
employment or employment that is modified according to the limitations or
restrictions imposed by a physician or chiropractic physician pursuant to
subsection 7; or
(c) Except as otherwise provided in NRS 616B.028 and 616B.029, the employee is incarcerated.
6. Each insurer may, with each check that
it issues to an injured employee for a temporary total disability, include a
form approved by the Division for the injured employee to request continued
compensation for the temporary total disability.
7. A certification of disability issued by
a physician or chiropractic physician must:
(a) Include the period of disability and a
description of any physical limitations or restrictions imposed upon the work
of the employee;
(b) Specify whether the limitations or
restrictions are permanent or temporary; and
(c) Be signed by the treating physician or
chiropractic physician authorized pursuant to NRS 616B.527 or appropriately chosen
pursuant to subsection 4 or 5 of NRS
616C.090 or 616C.091.
8. If the certification of disability
specifies that the physical limitations or restrictions are temporary, the
employer of the employee at the time of the employee’s accident may offer
temporary, light-duty employment to the employee. If the employer makes such an
offer, the employer shall confirm the offer in writing within 10 days after
making the offer. The making, acceptance or rejection of an offer of temporary,
light-duty employment pursuant to this subsection does not affect the
eligibility of the employee to receive vocational rehabilitation services,
including compensation, and does not exempt the employer from complying with NRS 616C.545 to 616C.575, inclusive, and 616C.590 or the regulations adopted by
the Division governing vocational rehabilitation services. Any offer of
temporary, light-duty employment made by the employer must specify a position
that:
(a) Is substantially similar to the employee’s
position at the time of his or her injury in relation to the location of the
employment and the hours the employee is required to work;
(b) Provides a gross wage that is:
(1) If the position is in the same
classification of employment, equal to the gross wage the employee was earning
at the time of his or her injury; or
(2) If the position is not in the same
classification of employment, substantially similar to the gross wage the
employee was earning at the time of his or her injury; and
(c) Has the same employment benefits as the
position of the employee at the time of his or her injury.
[Part 59:168:1947; A 1949,
659; 1951,
485; 1953,
292; 1955,
901]—(NRS A 1957,
72; 1959,
201; 1963,
837; 1965,
226; 1966,
43; 1969,
472; 1971,
322; 1973,
531; 1975,
253; 1983,
1295; 1985,
1548; 1991,
2422; 1993,
747, 1870,
2442;
1995,
579, 2155;
1997,
3348; 1999,
1789, 1790;
2001,
1897; 2003,
1673; 2009,
1287; 2019,
3449; 2025,
2961)
Notes of Decisions
Cited in
20
cases (
3 in the last 5 years), 1998–2025 · leading case:
Amazon.com v. Magee, 119 P.3d 732 (Nev. 2005).
Amazon.com v. Magee, 119 P.3d 732 (Nev. 2005).
· cites it 18× “We conclude that a worker released to work with restrictions is only temporarily partially disabled; therefore, her position and salary need not comport with NRS 616C.475, 1 which sets forth standards regarding when an employer, by offering modified employment, can cease making…”
Taylor Vs. Truckee Meadows Fire Prot. Dist., 2021 NV 1 (Nev. 2021).
· cites it 28× “Taylor contends that the temporary, light-duty employment offer of secretarial work was not "substantially similae to his preinjury position in location, hours, or benefits and was thus not a reasonable offer in accordance with NRS 616C.475. T=le further argues that the offer…”
Washoe Cnty. Sch. Dist. v. Bowen, 962 P.2d 1233 (Nev. 1998).
· cites it 3× “DISCUSSION The sole issue on appeal is whether an injured classroom instructor who is unable to engage in seasonal work during a sum *881 mer recess, is entitled to receive temporary total disability benefits during the recess under NRS 616C.475, 616A.340, and 616C.400. 2 *882…”
Garcia v. Associated Risk Mgmt., Inc. (Nev. 2019).
· cites it 3× “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 3× “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 4× “400 (equating duration of incapacity to "period"); NRS 616C.475(1) & (3) (explaining how benefits "for the period of temporary total disability" are calculated and what their start date is when "a claim for [a] period of temporary total disability is allowed"); NRS 616C.”
Mensah Vs. Corvel Corp., 2015 NV 60 (Nev. 2015).
· cites it 4× “See NRS 616C.475; NRS 6160.500(1). The appeals officer concluded that appellant was not entitled to those benefitsi because his salary could not be established from his personal and corporate income tax filings and he could not produce any paystubs or other evidence of a salary.”
Barker Vs. Bebout Concrete Constr., Llc, 492 P.3d 1 (Nev. 2021).
· cites it 3× “The appeals officer reasoned that awarding Lawrence such benefits would result in a double recovery as he was already receiving TTD benefits for the 1998 claim.”
Clark Cty. Vs. Bean, 2020 NV 65 (Nev. 2020).
· cites it 2× “Compare NRS 616C.475 (addressing the calculation of total 2We are also not convinced by Clark County's argument that NRS 616C.”
Clark Cty. Vs. Bean, 2020 NV 65 (Nev. 2020).
· cites it 2× “Compare NRS 616C.475 (addressing the calculation of total temporary disability benefits), with NRS 616C.”
Demaranville Vs. Cannon Cochran Mgmt. Serv.'s, Inc., 2019 NV 35 (Nev. 2019).
· cites it 2× “Compare NRS 616C.475, with NRS 616C.505 (starting separate statutory sections by setting forth different calculations for disability and death benefits); Banegas, 117 Nev.”
— Nev. Rev. Stat. § 616C.475(1) — 4 cases
Amazon.com v. Magee, 119 P.3d 732 (Nev. 2005).
“We conclude that a worker released to work with restrictions is only temporarily partially disabled; therefore, her position and salary need not comport with NRS 616C.475, 1 which sets forth standards regarding when an employer, by offering modified employment, can cease making…”
Anderson v. State, Emp't Sec. Div., 2014 NV 32 (Nev. 2014).
“400 (equating duration of incapacity to "period"); NRS 616C.475(1) & (3) (explaining how benefits "for the period of temporary total disability" are calculated and what their start date is when "a claim for [a] period of temporary total disability is allowed"); NRS 616C.”
Barker Vs. Bebout Concrete Constr., Llc, 492 P.3d 1 (Nev. 2021).
“The appeals officer reasoned that awarding Lawrence such benefits would result in a double recovery as he was already receiving TTD benefits for the 1998 claim.”
— Nev. Rev. Stat. § 616C.475(5) — 5 cases
Amazon.com v. Magee, 119 P.3d 732 (Nev. 2005).
“We conclude that a worker released to work with restrictions is only temporarily partially disabled; therefore, her position and salary need not comport with NRS 616C.475, 1 which sets forth standards regarding when an employer, by offering modified employment, can cease making…”
Mensah Vs. Corvel Corp., 2015 NV 60 (Nev. 2015).
“See NRS 616C.475; NRS 6160.500(1). The appeals officer concluded that appellant was not entitled to those benefitsi because his salary could not be established from his personal and corporate income tax filings and he could not produce any paystubs or other evidence of a salary.”
— Nev. Rev. Stat. § 616C.475(5)(a) — 1 case
— Nev. Rev. Stat. § 616C.475(5)(b) — 2 cases
Taylor Vs. Truckee Meadows Fire Prot. Dist., 2021 NV 1 (Nev. 2021).
“Taylor contends that the temporary, light-duty employment offer of secretarial work was not "substantially similae to his preinjury position in location, hours, or benefits and was thus not a reasonable offer in accordance with NRS 616C.475. T=le further argues that the offer…”
— Nev. Rev. Stat. § 616C.475(6) — 1 case
— Nev. Rev. Stat. § 616C.475(7) — 3 cases
Amazon.com v. Magee, 119 P.3d 732 (Nev. 2005).
“We conclude that a worker released to work with restrictions is only temporarily partially disabled; therefore, her position and salary need not comport with NRS 616C.475, 1 which sets forth standards regarding when an employer, by offering modified employment, can cease making…”
Anderson v. State, Emp't Sec. Div., 2014 NV 32 (Nev. 2014).
“400 (equating duration of incapacity to "period"); NRS 616C.475(1) & (3) (explaining how benefits "for the period of temporary total disability" are calculated and what their start date is when "a claim for [a] period of temporary total disability is allowed"); NRS 616C.”
— Nev. Rev. Stat. § 616C.475(8) — 2 cases
Amazon.com v. Magee, 119 P.3d 732 (Nev. 2005).
“We conclude that a worker released to work with restrictions is only temporarily partially disabled; therefore, her position and salary need not comport with NRS 616C.475, 1 which sets forth standards regarding when an employer, by offering modified employment, can cease making…”
Taylor Vs. Truckee Meadows Fire Prot. Dist., 2021 NV 1 (Nev. 2021).
“Taylor contends that the temporary, light-duty employment offer of secretarial work was not "substantially similae to his preinjury position in location, hours, or benefits and was thus not a reasonable offer in accordance with NRS 616C.475. T=le further argues that the offer…”
— Nev. Rev. Stat. § 616C.475(8)(a) — 1 case
Taylor Vs. Truckee Meadows Fire Prot. Dist., 2021 NV 1 (Nev. 2021).
“Taylor contends that the temporary, light-duty employment offer of secretarial work was not "substantially similae to his preinjury position in location, hours, or benefits and was thus not a reasonable offer in accordance with NRS 616C.475. T=le further argues that the offer…”
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