Section 616B.7772 - "Written records" interpreted; establishment of knowledge of preexisting permanent physical impairment of injured employee1. Except as otherwise provided in subsection 2, as used in NRS 616B.557, the Board interprets the term "written records" to include: (a) Any written documentation kept by the self-insured employer in the ordinary course of business: (1) Contemporaneously with the hiring of the injured employee. (2) During the continued employment of the injured employee and before the date of the subsequent injury. (b) Any other written documentation if the Board determines that the written documentation constitutes an objective record of the self-insured employer's knowledge of the injured employee's preexisting permanent physical impairment: (1) At the time the self-insured employer hired the injured employee. (2) If a claim for reimbursement from the Subsequent Injury Account for Self-Insured Employers is related to the retention in employment of an employee after a self-insured employer acquired knowledge of the employee's preexisting permanent physical impairment and the written documentation existed and was possessed by the self-insured employer at the time of hire or before the date of the subsequent injury, during the continued employment of the injured employee. (3) At any time before the injured employee suffered the subsequent injury for which reimbursement is being requested. 2. An affidavit, letter, declaration or other document regarding the preexisting impairment which is prepared after the subsequent injury does not satisfy the requirement of proof of the self-insured employer's knowledge that the injured employee suffered from a preexisting permanent physical impairment. 3. To satisfy the requirement set forth in subsection 4 of NRS 616B.557 that the self-insured employer establish by written records that the self-insured employer had knowledge of the preexisting permanent physical impairment of the injured employee, the self-insured employer must establish by a preponderance of the evidence that the contemporaneous written records show that: (a) The self-insured employer had knowledge of the preexisting permanent physical impairment of the injured employee at the time the employee was hired; or (b) The self-insured employer: (1) Became aware of the preexisting permanent physical impairment of the injured employee after the employee was hired and before the occurrence of the subsequent injury; and (2) Continued to employ the employee notwithstanding the self-insured employer's knowledge of the preexisting permanent physical impairment.Nev. Admin. Code § 616B.7772
Added to NAC by by R026-18A, eff. 2/27/2020