Section 616C.396 - Investigation of claim against uninsured employer: Conditions for refusal to assign claims; notice of right of appeal1. The Workers' Compensation Section will investigate each claim against an uninsured employer to determine whether the claim will be assigned to the third-party administrator or insurer designated by the Division pursuant to NRS 616C.220 for the payment of benefits from the Uninsured Employers' Claim Account. The Workers' Compensation Section will refuse to assign the claim if: (a) The private carrier has failed to exhaust its remedies by failing to charge the claim against any existing policies of the employer of the employee or any principal contractor who is liable for the payment of compensation;(b) The claim includes a person excluded as an employee pursuant to NRS 616A.110;(c) The notice of the claim fails to include the documents which support the claim;(d) The claim fails to satisfy any provision of NRS 616C.220; or(e) The injured employee fails to complete and return to the Workers' Compensation Section: (1) Form D-16, Notice of Election for Compensation Benefits Under the Uninsured Employer Statutes;(2) Form D-17, Employee's Claim for Compensation - Uninsured Employer; or(3) Form D-18, Assignment to Division for Workers' Compensation Benefits, within 30 days after receiving the form from the Workers' Compensation Section.2. If the Workers' Compensation Section refuses to assign a claim, it will include in the notice required by NRS 616C.220 a statement of the right of appeal provided by that section.Nev. Admin. Code § 616C.396
Added to NAC by Div. of Industrial Insurance Regulation, eff. 2-22-88; A 8-30-91; A by Div. of Industrial Relations by R098-98, 12-18-98, eff. 7-1-99; R105-00, 1-18-2001, eff. 3-1-2001; R108-09, 6-30-2010; A by R032-21A, eff. 8/1/2023