Injury Account for Self-Insured Employers if: (a) The employee knowingly made a false representation as to his physical condition at the time he was hired by the self-insured employer; (b) The self-insured employer relied upon the false representation and this reliance formed a substantial basis of the employment; and (c) A causal connection existed between the false representation and the subsequent disability. If the subsequent injury of the employee results in his death and it is determined that the death would not have occurred except for the preexisting permanent physical impairment, any compensation paid is entitled to be reimbursed from the Subsequent Injury Account for Self-Insured Employers. 2. A self-insured employer shall notify the Board of any possible claim against the Subsequent Injury Account for Self-Insured Employers pursuant to this section no later than 60 days after the date of the subsequent injury or the date the self-insured employer learns of the employee’s false representation, whichever is later. (Added to NRS by 1987, 452; A 1993, 572, 728; 1995, 2145; 1997, 593; 2001, 2759) Associations of Self-Insured Public or Private Employers NRS 616B.563 “Board” defined. As used in NRS 616B.563 to 616B.581, inclusive, unless the context otherwise requires, “Board” means the Board for the Administration of the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers created pursuant to NRS 616B.569. (Added to NRS by 1995, 2125; A 2001, 2760) NRS 616B.569 Board for Administration of Subsequent Injury Account for Associations of Self-Insured Public or Private Employers: Creation; membership; officers; vacancies; members serve without compensation; legal counsel. 1. There is hereby created the Board for the Administration of the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers, consisting of five members who are members of an association of self-insured public or private employers. The members of the Board must be appointed by the Governor. 2. The members of the Board shall elect a Chairman and Vice Chairman from among the members appointed. After the initial election of a Chairman and Vice Chairman, each of those officers shall hold office for a term of 2 years commencing on July 1 of each odd-numbered year. If a vacancy occurs in the chairmanship or vice chairmanship, the members of the Board shall elect a replacement for the remainder of the unexpired term. 3. Vacancies on the Board must be filled in the same manner as original appointments. 4. The members of the Board serve without compensation. 5. A legal counsel that has been appointed by or has contracted with the Division pursuant to NRS 232.660 shall serve as legal counsel of the Board. (Added to NRS by 1995, 2125; A 2001, 2760) NRS 616B.572 Board for Administration of Subsequent Injury Account for Associations of Self-Insured Public Or Private Employers: Meetings; regulations; quorum; administration of Account. 1. The members of the Board may meet throughout each year at the times and places specified by a call of the Chairman or a majority of the Board. The Board may prescribe rules and regulations for its own management and government. Three members of the Board constitute a quorum, and a quorum may exercise all the power and authority conferred on the Board. If a member of the Board submits a claim against the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers, that member shall not vote on or otherwise participate in the decision of the Board concerning that claim. 2. The Board shall administer the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers in accordance with the provisions of NRS 616B.575, 616B.578 and 616B.581. (Added to NRS by 1995, 2125; A 1997, 593; 2001, 2760) NRS 616B.575 Creation and administration of Subsequent Injury Account for Associations of Self-Insured Public or Private Employers; assessment rates, payments and penalties. 1. There is hereby created in the Fund for Workers’ Compensation and Safety in the State Treasury the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers, which may be used only to make payments in accordance with the provisions of NRS 616B.578 and 616B.581. The Board shall administer the Account based upon recommendations made by the Administrator pursuant to subsection 8. 2. All assessments, penalties, bonds, securities and all other properties received, collected or acquired by the Board for the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers must be delivered to the custody of the State Treasurer. 3. All money and securities in the Account must be held by the State Treasurer as custodian thereof to be used solely for workers’ compensation for employees of members of Associations of Self-Insured Public or Private Employers. 4. The State Treasurer may disburse money from the Account only upon written order of the Board. 5. The State Treasurer shall invest money of the Account in the same manner and in the same securities in which he is authorized to invest State General Funds which are in his custody. Income realized from the investment of the assets of the Account must be credited to the Account. 6. The Board shall adopt regulations for the establishment and administration of assessment rates, payments and penalties. Assessment rates must result in an equitable distribution of costs among the associations of self-insured public or private employers and must be based upon expected annual expenditures for claims for payments from the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers. 7. The Commissioner shall assign an actuary to review the establishment of assessment rates. The rates must be filed with the Commissioner 30 days before their effective date. Any association of self-insured public or private employers that wishes to appeal the rate so filed must do so pursuant to NRS 679B.310. 8. The Administrator shall: (a) Evaluate any claim submitted to the Board for payment or reimbursement from the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers and recommend to the Board any appropriate action to be taken concerning the claim; and (b) Submit to the Board any other recommendations relating to the Account. (Added to NRS by 1995, 2126; A 1997, 128; 1999, 1773; 2001, 2450, 2761) NRS 616B.578 Payment of cost of additional compensation resulting from subsequent injury of employee of member of association of self-insured public or private employers. Except as otherwise provided in NRS 616B.581: 1. If an employee of a member of an association of self-insured public or private employers has a permanent physical impairment from any cause or origin and incurs a subsequent disability by injury arising out of and in the course of his employment which entitles him to compensation for disability that is substantially greater by reason of the combined effects of the preexisting impairment and the subsequent injury than that which would have resulted from the subsequent injury alone, the compensation due must be charged to the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers in accordance with regulations adopted by the Board. 2. If the subsequent injury of such an employee results in his death and it is determined that the death would not have occurred except for the preexisting permanent physical impairment, the compensation due must be charged to the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers in accordance with regulations adopted by the Board. 3. As used in this section, “permanent physical impairment” means any permanent conditio

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