NEVADA ADMINISTRATIVE CODE CHAPTER 284 - STATE PERSONNEL SYSTEM 

WORK-RELATED INJURIES AND OCCUPATIONAL DISEASES  

 

NRS CHAPTER 616A - INDUSTRIAL INSURANCE: ADMINISTRATION

NRS CHAPTER 616B - INDUSTRIAL INSURANCE: INSURERS; LIABILITY FOR PROVISION OF COVERAGE

NRS CHAPTER 616C - INDUSTRIAL INSURANCE: BENEFITS FOR INJURIES OR DEATH

NRS CHAPTER 616D - INDUSTRIAL INSURANCE: PROHIBITED ACTS; PENALTIES; PROSECUTION

NRS CHAPTER 617 - OCCUPATIONAL DISEASES

NRS 284.325  Temporary appointment.

     NAC 284.600  Definitions. (NRS 284.065, 284.155)   As used in NAC 284.600 to 284.6019, inclusive, unless the context otherwise requires:

     1.  "Employee" means an employee who is in the classified service of the State. The term does not include an employee of the Nevada System of Higher Education who is in a temporary appointment as described in subsection 4 of NRS 284.325.

     2.  "Regular position" means the position an employee held at the time:

     (a) Of his or her work-related injury; or

     (b) He or she became aware of his or her occupational disease and its relationship to his or her employment in the classified service of the State.

     (Added to NAC by Dep't of Personnel, eff. 7-1-94; A 3-1-96; A by Personnel Comm'n by R142-05, 12-29-2005)

 

     NAC 284.6002  Physical assessments. (NRS 284.065, 284.155)  

     1.  An appointing authority shall require an employee who has a work-related injury or occupational disease to submit to the appointing authority a physical assessment prepared by the employee's treating physician or chiropractor. The appointing authority may require the employee to submit a physical assessment after each visit to the physician or chiropractor or after only those visits designated by the appointing authority.

     2.  Each physical assessment must:

     (a) Be reported on a form that provides at least the same information as the form for physical assessments prescribed by the Division of Industrial Relations of the Department of Business and Industry; and

     (b) Contain all restrictions imposed on the employee's ability to work by the treating physician or chiropractor.

     3.  An employee who is required to submit a physical assessment shall deliver or mail the assessment to the appointing authority within 3 working days after the date of the employee's visit to his or her treating physician or chiropractor.

     (Added to NAC by Dep't of Personnel, eff. 7-1-94; A by R082-00, 8-2-2000; A by Personnel Comm'n by R142-05, 12-29-2005)

 

     NAC 284.6004  Temporary assignment:  Conditions for offer; termination; subsequent assignment; medical examination. (NRS 284.065, 284.155, 284.327)  

     1.  The appointing authority shall prepare a written description of the duties of a temporary assignment to be offered to an employee with a work-related injury or occupational disease. If the employee's treating physician or chiropractor approves the return of the employee to work, the appointing authority shall offer, in writing, a temporary assignment that is modified according to any restrictions imposed by the employee's treating physician or chiropractor if:

     (a) The restrictions prevent the employee from performing the duties of his or her regular position;

     (b) The employee has an accepted or pending claim for compensation pursuant to NRS 616C.065 or 617.356;

     (c) An appropriate temporary assignment is available;

     (d) The temporary assignment is not prohibited by the source that funds the employee's regular position; and

     (e) The employee would otherwise be employed by the appointing authority if he or she had not incurred the work-related injury or occupational disease.

     2.  A temporary assignment offered pursuant to subsection 1 must be terminated if any of the following occurs:

     (a) Ninety days have elapsed after the date on which the employee began the assignment;

     (b) The employee's treating physician or chiropractor certifies that the employee has permanent restrictions that prevent him or her from returning to his or her regular position;

     (c) The assignment is no longer available;

     (d) The employee's treating physician or chiropractor certifies that the employee can perform the duties of his or her regular position; or

     (e) The employee terminates his or her employment or retires.

     3.  If the employee's claim for compensation pursuant to NRS 616C.065 or 617.356 is denied, the temporary assignment may be terminated at the discretion of the appointing authority.

     4.  An appointing authority may offer an employee who has a work-related restriction imposed by the employee's treating physician or chiropractor one subsequent temporary assignment if:

     (a) The recovery period for the work-related injury or occupational disease continues to prevent the employee from performing all the duties of his or her regular position, but the employee is performing at least 51 percent of such duties; or

     (b) The employee returns to work at his or her regular position but again becomes temporarily unable to perform the duties of the position due to restrictions imposed by the employee's treating physician or chiropractor because of the work-related injury or occupational disease.

     5.  The subsequent temporary assignment must be recommended by the appointing authority's insurer.

     6.  Any additional temporary assignment must be limited in accordance with subsection 2.

     7.  An employee with a work-related injury or occupational disease may be required to submit himself or herself for medical examination pursuant to the requirements set forth in NRS 616C.140 or 617.370 if his or her treating physician or chiropractor does not approve a temporary assignment to be offered to the employee.

     (Added to NAC by Dep't of Personnel, eff. 7-1-94; A by Personnel Comm'n by R142-05, 12-29-2005)

 

     NAC 284.6008  Temporary assignment:  Location; jurisdiction of appointing authority; effect of jurisdiction of another appointing authority; classification and payment of employee. (NRS 284.065, 284.155, 284.175, 284.327)  

     1.  A temporary assignment offered to an employee pursuant to NAC 284.6004 must be located less than 25 miles from the location of his or her regular position, unless the employee accepts a temporary assignment in a different geographical location.

     2.  A temporary assignment offered to an employee must be under the jurisdiction of the employee's appointing authority if such an assignment is available. If such an assignment is not available, the appointing authority shall:

     (a) Contact the Risk Management Division or the office of the Nevada System of Higher Education that assists with claims for a work-related injury or occupational disease;

     (b) Contact the Division of Human Resource Management; and

     (c) Determine if an appropriate temporary assignment is available under the jurisdiction of another appointing authority.

     3.  If the employee is offered a temporary assignment under the jurisdiction of another appointing authority, the employee shall be deemed to remain in his or her regular position as the temporary assignment does not constitute a transfer to that position.

     4.  For the duration of the temporary assignment, the duties assigned to the employee may not be used as a basis to:

     (a) Reclassify the employee's regular position; or

     (b) Reallocate the class in which the employee is employed.

     5.  An employee who accepts a temporary assignment offered pursuant to NAC 284.6004 is entitled to receive the base rate of pay he or she received for his or her regular position for the number of hours he or she works or is on paid leave during the temporary assignment. The appointing authority at the time of the work-related injury or occupational disease shall continue to pay the employee for the duration of the temporary assignment.

     (Added to NAC by Dep't of Personnel, eff. 7-1-94; A by R147-01, 1-22-2002; A by Personnel Comm'n by R142-05, 12-29-2005)

 

     NAC 284.6012  Temporary assignment:  Effect of family and medical leave. (NRS 284.065, 284.155, 284.327, 284.345)   Except as otherwise provided by the Family and Medical Leave Act, an employee who is granted family and medical leave because a work-related injury or occupational disease prevents him or her from performing one or more of the essential duties of his or her regular position:

     1.  Is not required to accept a temporary assignment offered pursuant to NAC 284.6004.

     2.  May voluntarily accept a temporary assignment pursuant to NAC 284.6004. An employee who voluntarily accepts such a temporary assignment retains a limited right to be returned to the position he or she held before the temporary assignment or an equivalent position subject to the provisions set forth in the Family and Medical Leave Act.

     (Added to NAC by Dep't of Personnel, eff. 7-1-94; A 11-16-95; R082-00, 8-2-2000; A by Personnel Comm'n by R142-05, 12-29-2005)

 

     NAC 284.6013  Determination of effective date of permanent disability. (NRS 284.065, 284.155)   For the purposes of NAC 284.6013 to 284.6019, inclusive, the effective date an employee shall be deemed to have a permanent disability arising from a work-related injury or occupational disease is the date the insurer delivers notice to the employee stating that his or her treating physician or chiropractor has informed the insurer pursuant to NRS 616C.490 that the employee has permanent restrictions which prevent him or her from returning to work in his or her regular position.

     (Added to NAC by Dep't of Personnel, eff. 3-1-96; A by R197-99, 1-26-2000; A by Personnel Comm'n by R142-05, 12-29-2005)

 

     NAC 284.6014  Eligibility of employee with permanent disability for reemployment. (NRS 284.065, 284.155, 284.305)  

     1.  An employee is eligible for reemployment under this section if:

     (a) He or she is a permanent employee;

     (b) He or she would otherwise have continued in his or her regular position;

     (c) He or she is unable to perform the essential functions of his or her regular position, even with reasonable accommodation, because he or she has a permanent disability arising from a work-related injury or occupational disease;

     (d) The Risk Management Division receives notification from the insurer certifying that the employee has a medical condition which, in the opinion of the medical adviser to the insurer, will result in a permanent partial disability;

     (e) The Risk Management Division receives notification from the insurer certifying that the employee has permanent physical restrictions as a result of the permanent disability and that he or she is eligible for vocational rehabilitation benefits;

     (f) The Risk Management Division receives notification from the insurer certifying that the employee's claim for benefits from the insurer is not being contested through the hearing and appeal process provided pursuant to chapters 616A to 617, inclusive, of NRS; and

     (g) He or she submits to the Division of Human Resource Management a completed job development form supplied by the Division of Human Resource Management not later than 30 days after the date on which he or she sustained the permanent disability.

     2.  A person is entitled to reemployment under this section only within the department that employed him or her at the time he or she sustained the permanent disability. Such entitlement to reemployment applies to the class and option of his or her regular position and to any class for which the employee qualifies that does not exceed the grade level of his or her regular position.

     3.  A person is entitled to reemployment under this section only in a full-time position if his or her regular position was on a full-time basis. A person whose regular position was on a part-time, seasonal or intermittent basis only is entitled to reemployment on the same basis as his or her regular position. A person who is entitled to reemployment on a full-time basis may be reemployed on either a full-time or part-time basis, as appropriate, based on his or her permanent physical restrictions as certified by the insurer.

     4.  The employee, his or her appointing authority and his or her vocational rehabilitation counselor shall provide any necessary information for job development and reemployment on the forms prescribed by the Division of Human Resource Management.

     (Added to NAC by Dep't of Personnel, eff. 3-1-96; A by R197-99, 1-26-2000; A by Personnel Comm'n by R142-05, 12-29-2005)

 

     NAC 284.6015  Risk Management Division to provide certain information regarding permanent disability of employee to Division of Human Resource Management and appointing authority. (NRS 284.065, 284.155)   The Risk Management Division shall provide to the Division of Human Resource Management and to an employee's appointing authority the following information regarding the employee when the information becomes known to the Risk Management Division:

     1.  The date on which the employee sustained a permanent disability arising from a work-related injury or occupational disease;

     2.  The date on which the employee will no longer be eligible for vocational rehabilitation benefits;

     3.  Any written agreement signed by the employee for the payment of compensation in a lump sum in lieu of the provision of vocational rehabilitation benefits; and

     4.  Any determination by the insurer that the employee is not entitled to compensation for a permanent partial disability.

     (Added to NAC by Dep't of Personnel, eff. 3-1-96; A by R197-99, 1-26-2000; A by Personnel Comm'n by R142-05, 12-29-2005)

 

     NAC 284.6017  Placement on reemployment list of name of employee with permanent disability. (NRS 284.065, 284.155, 284.250, 284.305)  

     1.  The name of a person who is eligible for reemployment pursuant to NAC 284.6014 will be placed on a reemployment list in the order of seniority and, if applicable, will be integrated with the names of employees who are placed on a reemployment list pursuant to NAC 284.630, whenever there is a list certified to the department that employed the person in his or her regular position.

     2.  The Division of Human Resource Management will use the same criteria for determining seniority for placement on a reemployment list pursuant to subsection 1 as that used for determining the seniority for a layoff, except that the length of employment for determining seniority must be counted up to the date that the person sustained his or her permanent disability.

     (Added to NAC by Dep't of Personnel, eff. 3-1-96)

 

     NAC 284.6018  Status following reemployment of person with permanent disability; restoration of name to reemployment list following failure of such person to complete probationary period; rights of employee after expiration of his right to reemployment. (NRS 284.065, 284.155, 284.305)  

     1.  An employee who is separated from state service and is reemployed pursuant to NAC 284.6014 in the same department, class and option as his or her regular position will have his or her permanent status restored immediately upon reemployment.

     2.  An employee who is reemployed pursuant to NAC 284.6014 in a class or option that is different from the class or option of his or her regular position must serve a new probationary period. If the employee does not complete the probationary period and is otherwise eligible for reemployment, his or her name must be restored to the appropriate reemployment list for any remaining part of the year following the date on which he or she sustained his or her permanent disability.

     3.  When the right to reemployment expires, the person affected retains the right to reinstatement or reappointment pursuant to NAC 284.386 or 284.404, respectively.

     (Added to NAC by Dep't of Personnel, eff. 3-1-96)

 

     NAC 284.6019  Limitations on eligibility for reemployment of person with permanent disability. (NRS 284.065, 284.155, 284.305)  

     1.  Except as otherwise provided in NAC 284.6018, a person is no longer eligible for reemployment pursuant to NAC 284.6014:

     (a) If he or she signs a written agreement providing for the payment of compensation in a lump sum in lieu of the provision of vocational rehabilitation benefits, unless such an agreement is subsequently rescinded in the manner set forth in NRS 616C.595;

     (b) When he or she is no longer eligible for vocational rehabilitation benefits;

     (c) When it is determined that the employee is not entitled to compensation for a permanent partial disability;

     (d) If he or she accepts an offer of employment with the State of Nevada or another employer which accommodates his or her permanent restrictions or he or she is otherwise unavailable for employment;

     (e) If he or she declines an offer of employment which accommodates his or her permanent restrictions and which is located in the same geographical location as his or her regular position;

     (f) If he or she is dismissed from the position in which he or she is reemployed for disciplinary reasons or because he or she retires;

     (g) If he or she states the intention not to seek reemployment; or

     (h) On or after the 1-year anniversary of the date on which he or she sustained his or her permanent disability as determined pursuant to NAC 284.6013.

     2.  Reemployment rights must not be offered more than one time for the same disability resulting from a work-related injury or occupational disease.

     3.  As used in this section, "geographical location" has the meaning ascribed to it in NAC 284.612.

     (Added to NAC by Dep't of Personnel, eff. 3-1-96; A by Personnel Comm'n by R142-05, 12-29-2005)