ed in employment after the employer acquired such knowledge. 5. A private carrier shall notify the Administrator of any possible claim against the Subsequent Injury Account for Private Carriers as soon as practicable, but not later than 100 weeks after the injury or death. 6. The Administrator shall adopt regulations establishing procedures for submitting claims against the Subsequent Injury Account for Private Carriers. The Administrator shall notify the private carrier of his decision on such a claim within 90 days after the claim is received. 7. An appeal of any decision made concerning a claim against the Subsequent Injury Account for Private Carriers must be submitted directly to the appeals officer. The appeals officer shall hear such an appeal within 45 days after the appeal is submitted to him. (Added to NRS by 1995, 2124; A 1997, 593, 596; 2001, 2763) NRS 616B.590 Reimbursement of private carrier for cost of additional compensation resulting from subsequent injury. 1. A private carrier who pays compensation due to an employee who 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 is entitled to be reimbursed from the Subsequent Injury Account for Private Carriers if: (a) The employee knowingly made a false representation as to his physical condition at the time he was hired by the employer insured by a private carrier; (b) The 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 Private Carriers. 2. A private carrier shall notify the Administrator of any possible claim against the Subsequent Injury Account for Private Carriers pursuant to this section no later than 60 days after the date of the subsequent injury or the date the employer learns of the employee’s false representation, whichever is later. (Added to NRS by 1995, 2124; A 1997, 593, 596; 2001, 2764) LIABILITY FOR PROVISION OF COVERAGE Applicability NRS 616B.600 Exemption of employer and employee temporarily within State; exception; effect of employee working in another state where coverage required. 1. Except as limited in subsection 3, any employee who has been hired outside of this State and his employer are exempted from the provisions of chapters 616A to 616D, inclusive, and chapter 617 of NRS while the employee is temporarily within this State doing work for his employer if his employer has furnished industrial insurance pursuant to the Nevada Industrial Insurance Act or similar laws of a state other than Nevada so as to cover the employee’s employment while in this State if: (a) The extraterritorial provisions of chapters 616A to 616D, inclusive, and chapter 617 of NRS are recognized in the other state; and (b) Employers and employees who are covered in this State are likewise exempted from the application of the Nevada Industrial Insurance Act or similar laws of the other state. The benefits provided in the Nevada Industrial Insurance Act or similar laws of the other state are the exclusive remedy against the employer for any injury, whether resulting in death or not, received by the employee while working for the employer in this State. 2. A certificate from the Administrator or similar officer of another state certifying that the employer of the other state is insured therein and has provided extraterritorial coverage insuring his employees while working within this State is prima facie evidence that the employer carried the industrial insurance. 3. The exemption provided for in this section does not apply to the employees of a contractor, as defined in NRS 624.020, operating within the scope of his license. 4. An employer is not required to maintain coverage for industrial insurance in this State for an employee who has been hired or is regularly employed in this State, but who is performing work exclusively in another state, if the other state requires the employer to provide coverage for the employee in the other state. If the employee receives personal injury by accident arising out of and in the course of his employment, any claim for compensation must be filed in the state in which the accident occurred, and such compensation is the exclusive remedy of the employee or his dependents. This subsection does not prevent an employer from maintaining coverage for the employee pursuant to the provisions of chapters 616A to 616D, inclusive, and chapter 617 of NRS. [Part 74:168:1947; A 1955, 187]—(NRS A 1981, 1464; 1989, 578, 682; 1993, 325; 1995, 2015; 1999, 218) NRS 616B.603 Independent enterprises. 1. A person is not an employer for the purposes of chapters 616A to 616D, inclusive, of NRS if: (a) He enters into a contract with another person or business which is an independent enterprise; and (b) He is not in the same trade, business, profession or occupation as the independent enterprise. 2. As used in this section, “independent enterprise” means a person who holds himself out as being engaged in a separate business and: (a) Holds a business or occupational license in his own name; or (b) Owns, rents or leases property used in furtherance of his business. 3. The provisions of this section do not apply to: (a) A principal contractor who is licensed pursuant to chapter 624 of NRS. (b) A real estate broker who has a broker-salesman or salesman associated with him pursuant to NRS 645.520. 4. The Administrator may adopt such regulations as are necessary to carry out the provisions of this section. (Added to NRS by 1991, 2392; A 1995, 2136)—(Substituted in revision for NRS 616.262) NRS 616B.606 Real estate brokers and salesmen not employers under certain circumstances. Any person licensed pursuant to the provisions of chapter 645 of NRS who engages an independent contractor to maintain or repair property on behalf of an individual property owner or an association of property owners is not a statutory employer for the purposes of chapters 616A to 616D, inclusive, of NRS. (Added to NRS by 1987, 450)—(Substituted in revision for NRS 616.263) NRS 616B.609 Devices modifying liability void; exception. 1. Except as otherwise provided in subsection 2: (a) A contract of employment, insurance, relief benefit, indemnity, or any other device, does not modify, change or waive any liability created by chapters 616A to 616D, inclusive, of NRS. (b) A contract of employment, insurance, relief benefit, indemnity, or any other device, having for its purpose the waiver or modification of the terms or liability created by chapters 616A to 616D, inclusive, of NRS is void. 2. Nothing in this section prevents an owner or lessor of real property from requiring an employer who is leasing the real property from agreeing to insure the owner or lessor of the property against any liability for repair or maintenance of the premises. [25:168:1947; 1943 NCL § 2680.25]—(NRS A 1989, 1245)—(Substituted in revision for NRS 616.265) NRS 616B.612 Employers to provide compensation; effect of participation in consolidated insurance program; relief from certain liability. 1. Every employer within the provisions of chapters 616A to 616D, inclusive, o

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