Nevada Proposing A Different Standard For Work Comp Compensability
With the recent elections in Nevada, revised provisions of governing workers compensation is underway to assume that claimed occupational conditions, presumed to have arisen out of employment, are compensable unless the employer proves the injury didn’t arise out of and in the course of employment. The bill would award injured workers a daily penalty if a denied claim is found compensable after a hearing. Click here for the proposed bill.
Under AB 138 today, existing law requires that a claim by an injured employee for compensation under industrial insurance be decided on its merit and not according to the principle of common law that requires statutes governing workers compensation to be liberally construed because they are remedial in nature. (NRS 616A.010)
Section 14 of the current bill requires such a claim to be decided under a liberal construction of those statutes in favor of the injured employee or his or her dependents. Existing law provides that an injured employee or his or her dependents are not entitled to receive compensation under industrial insurance unless the employee or dependents establish by a preponderance of the evidence that the injury arose out of and in the course of employment. (NRS 616C.150)
Section 3 of this bill provides that the injured employee or dependents are entitled to receive such compensation unless the employer establishes by clear and convincing evidence that the injury did not arise out of and in the course of employment. Existing law establishes the duty of an insurer to accept or deny a claim for compensation. (NRS 616C.065)
Section 2 of this bill provides that, for the purposes of making a determination whether to accept a claim for compensation, an employee s injury shall be deemed to have arisen out of and in the course of employment unless there is clear and convincing evidence to the contrary or except under circumstances where certain statutory provisions establish other standards of proof. Section 2 also provides that if an employer, self-insured employer, self-insured group or third-party administrator denies a claim and the claimant ultimately prevails after a requested hearing, the Administrator of the Division of Industrial Relations of the Department of Business and Industry shall impose a daily benefit penalty on the employer, self-insured employer, self-insured group or third-party administrator.
Section 4 of this bill provides that the amendatory provisions of this bill apply to all open claims for compensation, regardless of the date on which the claim was filed.
Source: leg.state.nv.us and workcompcentral.com