1999. [99:168:1947; 1943 NCL § 2680.99] + [Part 100:168:1947; 1943 NCL § 2680.100]—(NRS A 1981, 1463; 1999, 1758) NRS 616A.020 Rights and remedies exclusive; terms and conditions for payment of compensation conclusive, compulsory and obligatory; application of exclusive remedies to certain employers. 1. The rights and remedies provided in chapters 616A to 616D, inclusive, of NRS for an employee on account of an injury by accident sustained arising out of and in the course of the employment shall be exclusive, except as otherwise provided in those chapters, of all other rights and remedies of the employee, his personal or legal representatives, dependents or next of kin, at common law or otherwise, on account of such injury. 2. The terms, conditions and provisions of chapters 616A to 616D, inclusive, of NRS for the payment of compensation and the amount thereof for injuries sustained or death resulting from such injuries shall be conclusive, compulsory and obligatory upon both employers and employees coming within the provisions of those chapters. 3. The exclusive remedy provided by this section to a principal contractor extends, with respect to any injury by accident sustained by an employee of any contractor in the performance of the contract, to every architect, land surveyor or engineer who performs services for: (a) The contractor; (b) The owner of the property; or (c) Any such beneficially interested persons. 4. The exclusive remedy provided by this section applies to the owner of a construction project who provides industrial insurance coverage for the project by establishing and administering a consolidated insurance program pursuant to NRS 616B.710 to the extent that the program covers the employees of the contractors and subcontractors who are engaged in the construction of the project. 5. If an employee receives any compensation or accident benefits under chapters 616A to 616D, inclusive, of NRS, the acceptance of such compensation or benefits shall be in lieu of any other compensation, award or recovery against his employer under the laws of any other state or jurisdiction and such employee is barred from commencing any action or proceeding for the enforcement or collection of any benefits or award under the laws of any other state or jurisdiction. [27:168:1947; 1943 NCL § 2680.27]—(NRS A 1971, 885; 1973, 624; 1989, 230; 1999, 3139) NRS 616A.021 Limitation of actions upon repeal or invalidity. 1. If the provisions of chapters 616A to 616D, inclusive, of NRS relative to compensation for injuries to or death of employees become invalid because of any adjudication, or are repealed, the period intervening between the occurrence of an injury or death, not previously compensated for pursuant to those chapters by the payment of a lump sum or completed monthly payments, and the repeal or the rendition of the final adjudication of the validity must not be computed as a part of the time limited by law for the commencement of any action relating to the injury or death if the action is commenced within 1 year after the repeal or adjudication. 2. In any such action, any sum paid by an insurer by reason of injury to an employee by whom, or by whose dependents, the action is prosecuted, must be taken into account and credited upon the recovery as payment. [97:168:1947; 1943 NCL § 2680.97]—(NRS A 1973, 604; 1979, 1051; 1993, 729; 1995, 2030)—(Substituted in revision for NRS 616B.098) NRS 616A.022 Applicability of Nevada Insurance Code. If there is a conflict between the provisions of chapters 616A to 617, inclusive, of NRS and the provisions of title 57 of NRS, the provisions of chapter 616A to 617, inclusive, of NRS control. (Added to NRS by 1999, 1758) NRS 616A.025 Definitions. As used in chapters 616A to 616D, inclusive, of NRS, unless the context otherwise requires, the words and terms defined in NRS 616A.030 to 616A.360, inclusive, have the meanings ascribed to them in those sections. [2:168:1947; 1943 NCL § 2680.2] + [3:168:1947; 1943 NCL § 2680.3]—(NRS A 1977, 188; 1981, 710, 1016; 1987, 2047, 2322; 1991, 2398; 1993, 692; 1995, 1638, 1977, 2008; 1997, 576, 578, 2766; 1999, 1759, 2445, 3140, 3376; 2001, 2256, 2447; 2003, 2303, 2331) NRS 616A.030 “Accident” defined. “Accident” means an unexpected or unforeseen event happening suddenly and violently, with or without human fault, and producing at the time objective symptoms of an injury. [18:168:1947; 1943 NCL § 2680.18]—(NRS A 1975, 221)—(Substituted in revision for NRS 616.020) NRS 616A.035 “Accident benefits” defined. 1. “Accident benefits” means medical, surgical, hospital or other treatments, nursing, medicine, medical and surgical supplies, crutches and apparatuses, including prosthetic devices. 2. The term includes: (a) Medical benefits as defined by NRS 617.130; (b) Preventive treatment administered as a precaution to an employee who is exposed to a contagious disease while providing medical services, including emergency medical care, in the course and scope of his employment; (c) Preventive treatment administered as a precaution to a police officer or a salaried or volunteer firefighter who: (1) Was exposed to a contagious disease: (I) Upon battery by an offender; or (II) While performing the duties of a police officer or firefighter, if the exposure is documented by the creation and maintenance of a report concerning the exposure pursuant to subsection 1 of NRS 616C.052; or (2) Tests positive for exposure to tuberculosis or another contagious disease under the circumstances described in subsection 2 or 3 of NRS 616C.052; and (d) Preventive treatment for hepatitis administered as a precaution to a police officer, full-time salaried firefighter or emergency medical attendant employed in this State. 3. The term does not include: (a) Exercise equipment, a hot tub or a spa for an employee’s home; (b) Membership in an athletic or health club; (c) Except as otherwise provided in NRS 616C.245, a motor vehicle; or (d) The costs of operating a motor vehicle provided pursuant to NRS 616C.245, fees related to the operation or licensing of the motor vehicle or insurance for the motor vehicle. 4. As used in this section: (a) “Battery” includes, without limitation, the intentional propelling or placing, or the causing to be propelled or placed, of any human excrement or bodily fluid upon the person of an employee. (b) “Emergency medical attendant” means a person licensed as an attendant or certified as an emergency medical technician, intermediate emergency medical technician or advanced emergency medical technician pursuant to chapter 450B of NRS, whose primary duties of employment are the provision of emergency medical services. (c) “Hepatitis” includes hepatitis A, hepatitis B, hepatitis C and any additional diseases or conditions that are associated with or result from hepatitis A, hepatitis B or hepatitis C. (d) “Preventive treatment” includes, without limitation: (1) Tests to determine if an employee has contracted hepatitis or any other contagious disease to which he was exposed; and (2) If an employee tests positive for exposure to tuberculosis under the circumstances described in NRS 616C.052, such medication and chest X rays as are recommended by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services. [8:168:1947; 1943 NCL § 2680.8]—(NRS A 1987, 921; 1991, 2398; 1993, 692; 1999, 2445; 2001, 1014, 1871; 2003, 104, 3412; 2005, 340, 2236) NRS 616A.040 “Administrator” defined. “Administrator” means the Administrator of the Division. (Added to NRS by 1981, 1449; A 1993, 1855)—(Substituted in revision for NRS 616.026) NRS 616A.045 “A

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