State Codes and Statutes

Statutes > Nevada > Title-53 > Chapter-616c > Reports-of-injuries-and-claims-for-compensation > 616c-070

616C.070  Persons who are conclusively presumed to be totally dependent on injured or deceased employee; exception.

      1.  A person is conclusively presumed to be totally dependent upon an injured or deceased employee if:

      (a) The person is a natural, posthumous or adopted child, whether legitimate or illegitimate, under the age of 18 years; or

      (b) The person is a natural, posthumous or adopted child, there is no surviving parent and the person is:

             (1) Over the age of 18 years and physically or mentally incapacitated from wage earning; or

             (2) Over the age of 18 years but under the age of 22 years and enrolled as a full-time student in an accredited vocational or educational institution.

      2.  Stepparents may be regarded in chapters 616A to 616D, inclusive, or chapter 617 of NRS as parents if the fact of dependency is shown, and a stepchild or stepchildren may be regarded in chapters 616A to 616D, inclusive, or chapter 617 of NRS as a natural child or children if the existence and fact of dependency are shown.

      3.  Except as otherwise provided in subsection 13 of NRS 616C.505, questions as to who constitute dependents and the extent of their dependency must be determined as of the date of the accident or injury to the employee, and their right to any benefit becomes fixed at that time, irrespective of any subsequent change in conditions, and the benefits are directly recoverable by and payable to the dependent or dependents entitled thereto or to their legal guardians or trustees.

      4.  The presumptions of this section do not apply in favor of aliens who are nonresidents of the United States at the time of the accident, injury to, or death of the employee.

      [24:168:1947; 1943 NCL § 2680.24]—(NRS A 1971, 321; 1975, 598; 1985, 1460; 1993, 733; 1999, 219; 2007, 3346; 2009, 3072)

      NRS 616C.075  Effect of employee’s refusal to submit to physical examination after accident.  If an employee is properly directed to submit to a physical examination and the employee refuses to permit the treating physician or chiropractor to make an examination and to render medical attention as may be required immediately, no compensation may be paid for the injury claimed to result from the accident.

      [Part 52:168:1947; 1943 NCL § 2680.52]—(NRS A 1973, 599; 1981, 1167, 1471; 1985, 1544; 1993, 715)—(Substituted in revision for NRS 616.365)

State Codes and Statutes

Statutes > Nevada > Title-53 > Chapter-616c > Reports-of-injuries-and-claims-for-compensation > 616c-070

616C.070  Persons who are conclusively presumed to be totally dependent on injured or deceased employee; exception.

      1.  A person is conclusively presumed to be totally dependent upon an injured or deceased employee if:

      (a) The person is a natural, posthumous or adopted child, whether legitimate or illegitimate, under the age of 18 years; or

      (b) The person is a natural, posthumous or adopted child, there is no surviving parent and the person is:

             (1) Over the age of 18 years and physically or mentally incapacitated from wage earning; or

             (2) Over the age of 18 years but under the age of 22 years and enrolled as a full-time student in an accredited vocational or educational institution.

      2.  Stepparents may be regarded in chapters 616A to 616D, inclusive, or chapter 617 of NRS as parents if the fact of dependency is shown, and a stepchild or stepchildren may be regarded in chapters 616A to 616D, inclusive, or chapter 617 of NRS as a natural child or children if the existence and fact of dependency are shown.

      3.  Except as otherwise provided in subsection 13 of NRS 616C.505, questions as to who constitute dependents and the extent of their dependency must be determined as of the date of the accident or injury to the employee, and their right to any benefit becomes fixed at that time, irrespective of any subsequent change in conditions, and the benefits are directly recoverable by and payable to the dependent or dependents entitled thereto or to their legal guardians or trustees.

      4.  The presumptions of this section do not apply in favor of aliens who are nonresidents of the United States at the time of the accident, injury to, or death of the employee.

      [24:168:1947; 1943 NCL § 2680.24]—(NRS A 1971, 321; 1975, 598; 1985, 1460; 1993, 733; 1999, 219; 2007, 3346; 2009, 3072)

      NRS 616C.075  Effect of employee’s refusal to submit to physical examination after accident.  If an employee is properly directed to submit to a physical examination and the employee refuses to permit the treating physician or chiropractor to make an examination and to render medical attention as may be required immediately, no compensation may be paid for the injury claimed to result from the accident.

      [Part 52:168:1947; 1943 NCL § 2680.52]—(NRS A 1973, 599; 1981, 1167, 1471; 1985, 1544; 1993, 715)—(Substituted in revision for NRS 616.365)


State Codes and Statutes

State Codes and Statutes

Statutes > Nevada > Title-53 > Chapter-616c > Reports-of-injuries-and-claims-for-compensation > 616c-070

616C.070  Persons who are conclusively presumed to be totally dependent on injured or deceased employee; exception.

      1.  A person is conclusively presumed to be totally dependent upon an injured or deceased employee if:

      (a) The person is a natural, posthumous or adopted child, whether legitimate or illegitimate, under the age of 18 years; or

      (b) The person is a natural, posthumous or adopted child, there is no surviving parent and the person is:

             (1) Over the age of 18 years and physically or mentally incapacitated from wage earning; or

             (2) Over the age of 18 years but under the age of 22 years and enrolled as a full-time student in an accredited vocational or educational institution.

      2.  Stepparents may be regarded in chapters 616A to 616D, inclusive, or chapter 617 of NRS as parents if the fact of dependency is shown, and a stepchild or stepchildren may be regarded in chapters 616A to 616D, inclusive, or chapter 617 of NRS as a natural child or children if the existence and fact of dependency are shown.

      3.  Except as otherwise provided in subsection 13 of NRS 616C.505, questions as to who constitute dependents and the extent of their dependency must be determined as of the date of the accident or injury to the employee, and their right to any benefit becomes fixed at that time, irrespective of any subsequent change in conditions, and the benefits are directly recoverable by and payable to the dependent or dependents entitled thereto or to their legal guardians or trustees.

      4.  The presumptions of this section do not apply in favor of aliens who are nonresidents of the United States at the time of the accident, injury to, or death of the employee.

      [24:168:1947; 1943 NCL § 2680.24]—(NRS A 1971, 321; 1975, 598; 1985, 1460; 1993, 733; 1999, 219; 2007, 3346; 2009, 3072)

      NRS 616C.075  Effect of employee’s refusal to submit to physical examination after accident.  If an employee is properly directed to submit to a physical examination and the employee refuses to permit the treating physician or chiropractor to make an examination and to render medical attention as may be required immediately, no compensation may be paid for the injury claimed to result from the accident.

      [Part 52:168:1947; 1943 NCL § 2680.52]—(NRS A 1973, 599; 1981, 1167, 1471; 1985, 1544; 1993, 715)—(Substituted in revision for NRS 616.365)