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Nevada Injury Law

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Vegas Law

the employer shall be deemed an employee of that employer and is entitled to the benefits of chapters 616A to 616D, inclusive, of NRS. (Added to NRS by 1985, 575)—(Substituted in revision for NRS 616.088) NRS 616A.230 “Employer” defined. “Employer” means: 1. Except as otherwise provided in subsection 4 of NRS 616B.627, the State, and each county, city, school district, and all public and quasi-public corporations therein without regard to the number of persons employed. 2. Every person, firm, voluntary association and private corporation, including any public service corporation, which has in service any person under a contract of hire. 3. The legal representative of any deceased employer. 4. The Nevada Rural Housing Authority. 5. An owner or principal contractor who establishes and administers a consolidated insurance program pursuant to NRS 616B.710, with respect to the employees covered under that consolidated insurance program. [9:168:1947; A 1949, 659; 1943 NCL § 2680.9]—(NRS A 1981, 710; 1995, 819; 1999, 3140; 2001, 608) NRS 616A.235 “External review organization” defined. “External review organization” means an organization which has been issued a certificate pursuant to NRS 616A.469 that authorizes the organization to conduct external reviews for the purposes of chapters 616A to 617, inclusive, of NRS. (Added to NRS by 2003, 2330) NRS 616A.240 “Foot” defined. “Foot” shall be considered as that portion below the junction of the middle and lower thirds of the leg. [Part 62:168:1947; A 1949, 659; 1953, 292]—(Substituted in revision for NRS 616.095) NRS 616A.245 “Hand” defined. “Hand” shall be considered as that portion below the junction of the middle and lower thirds of the forearm. [Part 62:168:1947; A 1949, 659; 1953, 292]—(Substituted in revision for NRS 616.100) NRS 616A.250 “Incarcerated” defined. “Incarcerated” means confined in: 1. Any local detention facility, county jail, state prison, reformatory or other correctional facility as a result of a conviction or a plea of guilty or nolo contendere in a criminal proceeding; or 2. Any institution or facility for the mentally ill as a result of a plea of not guilty by reason of insanity in a criminal proceeding, in this State, another state or a foreign country. (Added to NRS by 1993, 659; A 1995, 2476; 2003, 1497) NRS 616A.255 “Independent contractor” defined. “Independent contractor” means any person who renders service for a specified recompense for a specified result, under the control of his principal as to the result of his work only and not as to the means by which such result is accomplished. [14:168:1947; 1943 NCL § 2680.14]—(Substituted in revision for NRS 616.105) NRS 616A.260 “Industrial insurance” defined. “Industrial insurance” means insurance which provides the compensation required by chapters 616A to 617, inclusive, of NRS and employer’s liability insurance incidental to and provided in connection with that insurance. (Added to NRS by 1995, 200) NRS 616A.265 “Injury” and “personal injury” defined. 1. “Injury” or “personal injury” means a sudden and tangible happening of a traumatic nature, producing an immediate or prompt result which is established by medical evidence, including injuries to prosthetic devices. Except as otherwise provided in subsection 3, any injury sustained by an employee while engaging in an athletic or social event sponsored by his employer shall be deemed not to have arisen out of or in the course of employment unless the employee received remuneration for participation in the event. 2. For the purposes of chapters 616A to 616D, inclusive, of NRS: (a) Coronary thrombosis, coronary occlusion, or any other ailment or disorder of the heart, and any death or disability ensuing therefrom, shall be deemed not to be an injury by accident sustained by an employee arising out of and in the course of his employment. (b) The exposure of an employee to a contagious disease while providing medical services, including emergency medical care, in the course and scope of his employment shall be deemed to be an injury by accident sustained by the employee arising out of and in the course of his employment. (c) Except as otherwise provided in paragraph (d), the exposure to a contagious disease of a police officer or a salaried or volunteer firefighter who was exposed to the contagious disease: (1) Upon battery by an offender; or (2) While performing the duties of a police officer or firefighter, shall be deemed to be an injury by accident sustained by the police officer or firefighter arising out of and in the course of his employment if the exposure is documented by the creation and maintenance of a report concerning the exposure pursuant to paragraph (a) of subsection 1 of NRS 616C.052. As used in this paragraph, the term “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. (d) If a police officer or a salaried or volunteer firefighter tests positive for exposure to tuberculosis or another contagious disease under the circumstances described in subsection 2 or 3 of NRS 616C.052, he shall be deemed to have sustained an injury by accident arising out of and in the course of his employment, unless the insurer can prove by a preponderance of the evidence that the exposure was not related to the employment of the police officer or firefighter. 3. Any injury sustained by an employee of a school district while engaging in an athletic or social event shall be deemed to have arisen out of and in the course of his employment, whether or not the employee received remuneration for participation in the event, if: (a) The event was sponsored by the school district, or the event was an extracurricular activity which was sponsored or organized by a student class, student group or student organization for an educational, recreational or charitable purpose and which was reasonably related to the employee’s job with the school district; (b) The employee participated in the event at the request of or with the concurrence of supervisory personnel, whether the request or concurrence was oral or written; and (c) The employee participated in the event to enable the event to take place or to ensure the safety and well-being of any students of the school district. [19:168:1947; A 1951, 485]—(NRS A 1975, 619; 1981, 1196; 1991, 2400; 1993, 694; 1999, 2446; 2001, 1015, 1872; 2003, 104, 2793; 2005, 341, 2237) NRS 616A.270 “Insurer” defined. “Insurer” includes: 1. A self-insured employer; 2. An association of self-insured public employers; 3. An association of self-insured private employers; and 4. A private carrier. (Added to NRS by 1981, 1449; A 1993, 694; 1995, 2009; 1999, 1760) NRS 616A.273 “Medical facility” defined. “Medical facility” means a hospital, clinic or other facility that provides treatment to an employee who: 1. Is injured by an accident; or 2. Contracts an occupational disease, arising out of and in the course of his employment. (Added to NRS by 2003, 2303) NRS 616A.280 “Organization for managed care” defined. “Organization for managed care” means any person who: 1. Provides or arranges for the provision of medical and health care services; 2. Establishes objectives, standards and protocols for such services; 3. Organizes providers of health care to ensure the availability and accessibility of such services; and 4. Establishes a system that allows for the submission of reports to an insurer that are necessary to evaluate the effectiveness and cost of delivering medical and health care services to injured employees.

Vegas Law




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