NRS
616C.590 Eligibility for services; effect of incarceration; effect of
refusing services offered by insurer; effect of inability of insurer to locate
injured employee.
1. Except as otherwise provided in this
section, an injured employee is not eligible for vocational rehabilitation
services, unless:
(a) The treating physician or chiropractic
physician approves the return of the injured employee to work but imposes
permanent restrictions that prevent the injured employee from returning to the
position that the employee held at the time of his or her injury;
(b) The injured employee’s employer does not
offer employment that:
(1) The employee is eligible for considering
the restrictions imposed pursuant to paragraph (a);
(2) Provides a gross wage that is equal to
or greater than 80 percent of the gross wage that the employee was earning at
the time of injury; and
(3) Has the same employment benefits as
the position of the employee at the time of his or her injury; and
(c) The injured employee is unable to return to
gainful employment with any other employer at a gross wage that is equal to or
greater than 80 percent of the gross wage that the employee was earning at the
time of his or her injury.
2. If the treating physician or
chiropractic physician imposes permanent restrictions on the injured employee
for the purposes of paragraph (a) of subsection 1, he or she shall specify in
writing:
(a) The medically objective findings upon which
his or her determination is based; and
(b) A detailed description of the restrictions.
Ê The treating
physician or chiropractic physician shall deliver a copy of the findings and
the description of the restrictions to the insurer.
3. If there is a question as to whether
the restrictions imposed upon the injured employee are permanent, the employee
may receive vocational rehabilitation services until a final determination
concerning the duration of the restrictions is made.
4. Vocational rehabilitation services must
cease as soon as the injured employee is no longer eligible for the services
pursuant to subsection 1.
5. An injured employee is not entitled to
vocational rehabilitation services solely because the position that the
employee held at the time of his or her injury is no longer available.
6. An injured employee or the dependents
of the injured employee are not entitled to accrue or be paid any money for
vocational rehabilitation services during the time the injured employee is
incarcerated.
7. Any injured employee eligible for
compensation other than accident benefits may not be paid those benefits if the
injured employee refuses counseling, training or other vocational
rehabilitation services offered by the insurer. Except as otherwise provided in
NRS 616B.028 and 616B.029, an injured employee shall be
deemed to have refused counseling, training and other vocational rehabilitation
services while the injured employee is incarcerated.
8. If an insurer cannot locate an injured
employee for whom it has ordered vocational rehabilitation services, the
insurer may close his or her claim 21 days after the insurer determines that
the employee cannot be located. The insurer shall make a reasonable effort to
locate the employee.
9. The reappearance of the injured
employee after his or her claim has been closed does not automatically reinstate
his or her eligibility for vocational rehabilitation benefits. If the employee
wishes to re-establish his or her eligibility for those benefits, the injured
employee must file a written application with the insurer to reinstate the
claim. The insurer shall reinstate the employee’s claim if good cause is shown
for the employee’s absence.
(Added to NRS by 1973,
362; A 1979,
1042; 1981,
1459; 1985,
1541; 1991,
491, 2401;
1993,
703; 1997,
1441, 3350;
1999,
444; 2001,
1903; 2003,
1676)
Notes of Decisions
Hudson v. Horseshoe Club Operating Co., 916 P.2d 786 (Nev. 1996).
· cites it 4× “Whether Hudson’s termination for cause was a proper basis to deny her vocational rehabilitation benefits NRS 616C.590(1) provides that generally an injured employee is not eligible for vocational rehabilitation services, unless: (a) The treating physician or chiropractor…”
State Indus. Ins. Sys. v. Engel, 971 P.2d 793 (Nev. 1998).
· cites it 4× “Because his employer could not accommodate his limitations, Engel sought vocational rehabilitation benefits pursuant to NRS 616C.590. [1] On April 25, 1995, Engel signed a vocational rehabilitation agreement with the State Industrial Insurance System ("SIIS"), acknowledging his…”
Amerson v. Clark Cnty., 995 F. Supp. 2d 1155 (D. Nev. 2014).
· cites it 6× “Nev.Rev.Stat. § 616C.590(l)(emphasis added).”
Enos v. Douglas Cnty. (D. Nev. 2020).
· cites it 6× “) Defendants 6 explained that such benefits are only available under NRS § 616C.590 where an employer 7 has no vacant position that (1) falls within the injured employee’s physical restrictions, (2) 8 provides a gross wage equal to or greater than 80% of that employee’s wages at…”
Stevens Vs. Assoc. Risk Mgmt., Inc. (Nev. 2019).
“390(1) (providing that an application to reopen a claim shall be granted if a change in circumstances primarily caused by the industrial injury warrants an increase in compensation); NRS 616C.590(9) (providing that an employee must request to reopen his or her claim in order to…”
Ruiz v. Sedgwick Cms (Nev. 2014).
“See NRS 616C.590(1)(c) (requiring that the injured employee be unable to return to gainful employment at a gross wage equal to or greater than 80- percent of his gross wages at the time of injury in order to qualify for vocational rehabilitation benefits); NRS 616C.”
— Nev. Rev. Stat. § 616C.590(1) — 1 case
Hudson v. Horseshoe Club Operating Co., 916 P.2d 786 (Nev. 1996).
“Whether Hudson’s termination for cause was a proper basis to deny her vocational rehabilitation benefits NRS 616C.590(1) provides that generally an injured employee is not eligible for vocational rehabilitation services, unless: (a) The treating physician or chiropractor…”
— Nev. Rev. Stat. § 616C.590(1)(a) — 1 case
State Indus. Ins. Sys. v. Engel, 971 P.2d 793 (Nev. 1998).
“Because his employer could not accommodate his limitations, Engel sought vocational rehabilitation benefits pursuant to NRS 616C.590. [1] On April 25, 1995, Engel signed a vocational rehabilitation agreement with the State Industrial Insurance System ("SIIS"), acknowledging his…”
— Nev. Rev. Stat. § 616C.590(1)(c) — 1 case
Ruiz v. Sedgwick Cms (Nev. 2014).
“See NRS 616C.590(1)(c) (requiring that the injured employee be unable to return to gainful employment at a gross wage equal to or greater than 80- percent of his gross wages at the time of injury in order to qualify for vocational rehabilitation benefits); NRS 616C.”
— Nev. Rev. Stat. § 616C.590(9) — 1 case
Stevens Vs. Assoc. Risk Mgmt., Inc. (Nev. 2019).
“390(1) (providing that an application to reopen a claim shall be granted if a change in circumstances primarily caused by the industrial injury warrants an increase in compensation); NRS 616C.590(9) (providing that an employee must request to reopen his or her claim in order to…”
— Nev. Rev. Stat. § 616C.590(l) — 1 case
— Nev. Rev. Stat. § 616C.590(l)(a) — 2 cases
Hudson v. Horseshoe Club Operating Co., 916 P.2d 786 (Nev. 1996).
“Whether Hudson’s termination for cause was a proper basis to deny her vocational rehabilitation benefits NRS 616C.590(1) provides that generally an injured employee is not eligible for vocational rehabilitation services, unless: (a) The treating physician or chiropractor…”
State Indus. Ins. Sys. v. Engel, 971 P.2d 793 (Nev. 1998).
“Because his employer could not accommodate his limitations, Engel sought vocational rehabilitation benefits pursuant to NRS 616C.590. [1] On April 25, 1995, Engel signed a vocational rehabilitation agreement with the State Industrial Insurance System ("SIIS"), acknowledging his…”
— Nev. Rev. Stat. § 616C.590(l)(b) — 1 case
Hudson v. Horseshoe Club Operating Co., 916 P.2d 786 (Nev. 1996).
“Whether Hudson’s termination for cause was a proper basis to deny her vocational rehabilitation benefits NRS 616C.590(1) provides that generally an injured employee is not eligible for vocational rehabilitation services, unless: (a) The treating physician or chiropractor…”
— Nev. Rev. Stat. § 616C.590(l)(b)(l) — 1 case
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