Revises provisions governing civil actions. (BDR 3-1017)

S.B. 363

- *SB363*

SENATE BILL NO. 363–SENATOR HANSEN

MARCH 17, 2025
____________

Referred to Committee on Judiciary

SUMMARY—Revises provisions governing civil actions.
(BDR 3-1017)

FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.

~

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

AN ACT relating to civil actions; removing and repealing
provisions relating to vicarious liability; revising
provisions governing comparative negligence; requiring a
trier of fact to consider the fault of all persons, including
persons not named as a party, in an action to recover
damages for death or injury to persons or for injury to
property; authorizing the admission of certain evidence in
certain civil actions; limiting the amount of medical
expenses recoverable as damages in certain civil actions;
limiting the amount of fees that a p rivate attorney or
representative may receive in proceedings under the
Nevada Industrial Insurance Act; and providing other
matters properly relating thereto.
Legislative Counsel’s Digest:
A common law doctrine, known as “vicarious liability,” generally provides that 1
a principal party is responsible for the actions of the agent of the principal. Existing 2
law provides: (1) whenever any person suffers personal injury by wrongful act, 3
neglect or default of another, the person causing the injury is liable to the person 4
injured for damages; and (2) with certain exceptions, where the person causing the 5
injury is employed by another person or corporation responsible for the conduct of 6
the person causing the injury, the other person or corporation is liable to the person 7
injured for damages. (NRS 41.130) Section 2 of this bill instead provides that only 8
the person causing the injury is liable to the person injured and removes the 9
provisions of existing law providing for liability on the employer for the actions of 10
the person who caused the injury. Section 10 of this bill repeals the existing 11
provisions of law which set forth certain limitations on the liability of the employer, 12
and section 1 of this bill makes a conforming change to remove a reference to the 13
provisions repealed by section 10. 14

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Existing law provides that in any action to recover damages for death or injury 15
to persons or property where comparative negligence is asserted as a defense, the 16
comparative negligence of the plaintiff or the plaintiff’s decedent does not bar 17
recovery if that negligence was not greater than the negligence or gross negligence 18
of the parties against whom recovery is sought. If the jury determines that the 19
plaintiff is entitled to recover in such a case, existing law requires the jury to return: 20
(1) a general verdict with the total amount of damages the plaintiff would be 21
entitled to recover notwithstanding the plaintiff’s comparative negligence; and (2) a 22
special verdict indicating the percentage of negligence assigned to each party 23
remaining in the action. Existing law further requires that, in an action where a 24
plaintiff may recover from more than one defendant, each defendant is severally 25
liable to the plaintiff only for that portion of the judgment representing the 26
percentage of neglig ence assigned to that defendant. Existing law also contains 27
exceptions for certain causes of action where the doctrine of joint and several 28
liability may apply. (NRS 41.141) Section 3 of this bill: (1) removes the 29
requirement for comparative negligence to be asserted as a defense; (2) removes the 30
limitation prohibiting the comparative negligence of the defendant and the amount 31
of th e settlement from being admitted into evidence or considered by a jury; (3) 32
requires a trier of fact to consider the fault of all person s who contributed to the 33
death, injury or damage to the property; (4) authorizes a trier of fact to consider the 34
negligence, strict liability or fault of a nonparty under certain circumstances; (5) 35
provides various limitations on the use of percentages of fault for nonparties; and 36
(6) repeals the provisions providing for joint and several liability in certain 37
circumstances. 38
A common law doctrine, known as the “collateral source rule,” prohibits a 39
defendant in a tort case, which generally includes actions for personal injury, from 40
introducing into evidence proof of amounts that the plaintiff received or was 41
entitled to rece ive from a source other than the defendant in compensation for the 42
harms or injuries caused by the defendant. Existing law provides a limited 43
exception to the collateral source rule by allowing a defendant in a case against a 44
provider of health care based upon professional negligence to introduce evidence of 45
amounts paid or payable to a plaintiff pursuant to policies of health or accident 46
insurance, the United States Social Security Act, worker’s compensation statutes 47
and other programs or contracts that pa y for or reimburse costs of health care. 48
(NRS 42.021) 49
Section 4 of this bill abolishes the common law collateral source rule in civil 50
actions for personal injury, other than those actions against a provider of health care 51
based upon professional negligence, and instead limits the amount of damages for 52
medical expenses to the amount that the plaintiff has been or will be compensated 53
for his or her injury by health insurance, Medicare or Medicaid. 54
Existing law establishes the Nevada Industrial Insurance Act , which provides 55
for the payment of compensation to employees who are injured or disabled as a 56
result of an occupational injury or disease. (Chapters 616A-616D of NRS) Sections 57
5-9 of this bill revise various provisions of the Act to prohibit a private attorney or 58
representative of a claimant or injured employee, as applicable, from receiving a 59
fee for any services provided in an amount greater than 20 percent of any lump sum 60
payment paid to the claimant or injured employee. 61

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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 41.03475 is hereby amended to read as 1
follows: 2
41.03475 [Except as otherwise provided in NRS 41.745, no ] A 3
judgment may not be entered against the State of Nevada or any 4
agency of the State or against any political subdivision of the State 5
for any act or omission of any present or former officer, employee, 6
immune contractor, member of a board or commission or State 7
Legislator which was outside the course and scope of the person’s 8
public duties or employment. 9
Sec. 2. NRS 41.130 is hereby amended to read as follows: 10
41.130 [Except as otherwise provided in NRS 41.745, ] 11
Notwithstanding any other provision of law, whenever any person 12
shall suffer personal injury by wrongful act, neglect or default of 13
another, only the person causing the injury is liable to the person 14
injured for [damages; and where the person causing the injury is 15
employed by another person or corporation responsible for the 16
conduct of the person causing the injury, that other person or 17
corporation so responsible is liab le to the person injured for ] 18
damages. 19
Sec. 3. NRS 41.141 is hereby amended to read as follows: 20
41.141 1. In any action to recover damages for death or 21
injury to persons or for injury to property , [in which comparative 22
negligence is asserted as a defense, ] the comparative negligence of 23
the plaintiff or the plaintiff’s decedent does not bar a recovery if that 24
negligence was not greater than the negligence or gross negligence 25
of the parties to the action against whom recovery is sought. 26
2. In those cases, the judge shall instruct the jury that: 27
(a) The plaintiff may not recover if the plaintiff’s comparative 28
negligence or that of the plaintiff’s decedent is greater than the 29
negligence of the [defendant] tortfeasor or the combined negligence 30
of multiple [defendants.] tortfeasors. 31
(b) If the jury determines the plaintiff is entitled to recover, it 32
shall return: 33
(1) By general verdict the total amount of damages the 34
plaintiff would be entitled to recover without regard to the plaintiff’s 35
comparative negligence; and 36
(2) A special verdict indicating the percentage of negligence 37
attributable to each [party remaining in the action.] tortfeasor. 38
3. If a defendant in such an action settles with the plaintiff 39
before the entry of judgment, the [comparative negligence of that 40
defendant and the amount of the settlement must not thereafter be 41
admitted into evidence nor considered by the jury. The ] judge shall 42

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deduct the amount of the settlement from the net sum otherwise 1
recoverable by the plaintiff pursuant to the general and special 2
verdicts. 3
4. In assessing percentages of fault , the trier of fact shall 4
consider the fault of all persons who contribute d to the death of, 5
or injury to, a person or injury to property, regardless of whether: 6
(a) The person was, or could have been, named a party to the 7
suit; and 8
(b) Liability is based upon strict liability or negligence. 9
5. The trier of fact may consider the negligence, strict liability 10
or fault of a ny nonparty if the plaintiff entered into a settlement 11
agreement with the nonparty or if the defending party gives notice 12
before trial, in accordance with any requirements established by 13
court rule, that a nonparty was wholly or partially at fault. 14
6. An assessment of percentage of fault for nonparties: 15
(a) May only be used for accurately determining the fault of 16
the named parties; 17
(b) Does not subject any nonparty to liability in th e action 18
where the assessment is made; and 19
(c) May not be introduced as evidence of liability in any other 20
action. 21
7. Where recovery is allowed against more than one defendant 22
in such an action , [, except as otherwise provided in subsection 5, ] 23
each defendant is severally liable to the plaintiff only for that 24
portion of the judgment which represents the percentage of 25
negligence attributable to that defendant. 26
[5. This section does not affect the joint and several liability, if 27
any, of the defendants in an action based upon: 28
(a) Strict liability; 29
(b) An intentional tort; 30
(c) The emission, disposal or spillage of a toxic or hazardous 31
substance; 32
(d) The concerted acts of the defendants; or 33
(e) An injury to any person or property resulting fro m a product 34
which is manufactured, distributed, sold or used in this State. 35
6. As used in this section: 36
(a) “Concerted acts of the defendants” does not include 37
negligent acts committed by providers of health care while working 38
together to provide treatment to a patient. 39
(b) “Provider of health care” has the meaning ascribed to it in 40
NRS 629.031.] 41
Sec. 4. Chapter 42 of NRS is hereby amended by adding 42
thereto a new section to read as follows: 43
Except as otherwise provided in NRS 42.021, in any civil action 44
for personal injury caused by wrongful act, neglect or default of 45

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another, damages for medical expenses may only be awarded by 1
the trier of fact as follows: 2
1. Damages for past medical expenses that have been paid 3
must not exceed the amount paid, regardless of the source of 4
payment. 5
2. Damages for past medical expenses that are unpaid must 6
not exceed: 7
(a) If the plaintiff has health insurance: 8
(1) The amount that the health insurance is obligated to 9
pay to satisfy the charges for the medical treatment; and 10
(2) The share of medical expenses that the plaintiff is 11
required to pay under the health insurance policy. 12
(b) If the plaintiff has health insurance but obtains medical 13
treatment on a lien basis or otherwise does not submit any charges 14
for medical treatment to the insurance company: 15
(1) Evidence of the amount that the health insurance would 16
have paid under the health insurance policy to satisfy the past 17
unpaid charges for medical treatment; and 18
(2) The share of medical expenses that the plaintiff would 19
have been entitled to under the health insurance policy. 20
(c) If the plaintiff does not have health insurance or has 21
coverage through Medicare or Medicaid , not more than 120 22
percent of: 23
(1) The Medicare reimb ursement rate in effect on the date 24
of the medical treatment received by the plaintiff; or 25
(2) The applicable Medicaid reimbursement rate in effect 26
on the date of the medical treatment received by the plaintiff, if 27
there is not an applicable Medicare re imbursement rate for the 28
treatment. 29
3. Damages for any future medical expenses that the plaintiff 30
will incur must not exceed, if at the time of trial the plaintiff: 31
(a) Has health insurance or is eligible for health insurance: 32
(1) The amount for which the future medical expenses 33
could be satisfied if submitted to the health insurance; and 34
(2) The share of medical expenses under the health 35
insurance policy that the plaintiff would be entitled. 36
(b) Does not have health insuran ce or is insured through or 37
eligible for Medicare or Medicaid, not more than 120 percent of: 38
(1) The Medicare reimbursement rate in effect at the time 39
of trial for the future medical treatment the plaintiff; or 40
(2) The applicable Medicaid reimbursement rate in effect at 41
the time of trial for the future medical treatment of the plaintiff, if 42
there is not an applicable Medicare reimbursement rate pursuant 43
to subparagraph (1). 44

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Sec. 5. NRS 616C.380 is hereby amended to read as follows: 1
616C.380 1. If a hearing officer, appeals officer or district 2
court renders a decision on a claim for compensation and the insurer 3
or employer appeals that decision, but is unable to obtain a stay of 4
the decision: 5
(a) Payment of that portion of an award for a permanent partial 6
disability which is contested must be made in installment payments 7
until the claim reaches final resolution. 8
(b) Payment of the award must be made in monthly installments 9
of 66 2/3 percent of the average wage of the claimant until the claim 10
reaches final resolution if the claim is for more than 3 months of 11
past benefits for a temporary total disability or rehabilitation, or for 12
a payment in lump sum related to past benefits for rehabilitation, 13
such as costs for purchasing a business or equipment. 14
2. If the final resolution of the claim is in favor of the claimant, 15
the remaining amount of compensation to which the claimant is 16
entitled may be paid in a lump sum to the claimant if the claimant is 17
otherwise eligible for such a payment pursuant to NRS 616C.495 18
and any regulations adopted pursuant thereto. A private attorney or 19
representative of the claimant may not receive a fee for any 20
services provided in an amount greater than 20 percent of any 21
lump sum payment paid to the claimant pursuant to this section. If 22
the final resolution of the claim is in favor of the insurer or 23
employer, any amount paid to the claimant in excess of the 24
uncontested amount must be deducted from any future benefits 25
related to that claim, ot her than medical benefits, to which the 26
claimant is entitled. The deductions must be made in a reasonable 27
manner so as not to create an undue hardship to the claimant. 28
Sec. 6. NRS 616C.427 is hereby amended to read as follows: 29
616C.427 1. Notwithstanding the provisions of subsection 3 30
of NRS 616C.315 and except as otherwise provided in this section, 31
if an injured employee is receiving compensation based on a 32
calculation of the average monthly wage of the injured employee as 33
determined pursuant to the regulations adopted by the Administrator 34
pursuant to NRS 616C.420, the injured employee or the employer 35
may request a hearing before a hearing officer pursuant to the 36
provisions of NRS 616C.315 to 616C.385, inclusive, asking f or a 37
recalculation of the average monthly wage of the injured employee. 38
2. The injured employee is entitled to have his or her average 39
monthly wage recalculated if the injured employee proves by a 40
preponderance of the evidence that the insurer calculated the 41
average monthly wage improperly or incorrectly as a result of: 42
(a) The use of any improper or incorrect information or 43
methodology; 44

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(b) The failure to use any proper or correct information or 1
methodology; 2
(c) Any error of law or fact; or 3
(d) Any other error, omission, neglect or wrongful act. 4
3. If the injured employee proves that the insurer calculated his 5
or her average monthly wage improperly or incorrectly, resulting in 6
an underpayment of compensation: 7
(a) The insurer shall: 8
(1) Increase the injured employee’s future compensation 9
based on the correct average monthly wage; and 10
(2) Pay the injured employee a lump sum in an amount equal 11
to the underpayment of compensation for the period during which 12
the insurer was using the incorrect average monthly wage; and 13
(b) The remedy provided in paragraph (a) is the sole remedy for 14
the underpayment and the insurer is not subject to the imposition of 15
any fine or benefit penalty therefor. 16
4. A private attorney or representative of the injured 17
employee may not receive a fee for any services provided in an 18
amount greater than 20 percent of any lump sum payment paid to 19
the injured employee pursuant to this section. 20
5. If the hearing officer determines that the calculation of the 21
average monthly wage resulted in an overpayment of compensation, 22
the insurer may require the injured employee to repay to the insurer 23
an amount equal to the overpayment received by the injured 24
employee during any one 30-day period. 25
[5.] 6. The average monthly wage of an injured employee may 26
not be challenged by the insurer, the employer or the injured 27
employee after the date on which any portion of an award for 28
permanent partial disability is paid or the claim closes, whichever 29
occurs first. 30
[6.] 7. The provisions of this se ction do not apply if the issue 31
of the average monthly wage of the injured employee was 32
previously adjudicated to a final decision in: 33
(a) A hearing before a hearing officer or appeals officer pursuant 34
to the provisions of NRS 616C.315 to 616C.385, inclusive; or 35
(b) Any proceedings for judicial review. 36
Sec. 7. NRS 616C.495 is hereby amended to read as follows: 37
616C.495 1. Except as otherwise provided in NRS 616C.380, 38
an award for a permanent partial disability may be paid to a 39
claimant in a lump sum under the following conditions: 40
(a) A claimant injured on or after July 1, 1973, and before 41
July 1, 1981, who incurs a disability that does not exceed 12 percent 42
may elect to receive his or her compensation in a lump sum. A 43
claimant injured on or after July 1, 1981, and before July 1, 1995, 44

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who incurs a disability that does not exceed 30 percent may elect to 1
receive his or her compensation in a lump sum. 2
(b) The spouse, or in the absence of a spouse, any dependent 3
child of a deceased claimant injured on or after July 1, 1973, who is 4
not entitled to compensation in accordance with NRS 616C.505, is 5
entitled to a lump sum equal to the present value of the deceased 6
claimant’s undisbursed award for a permanent partial disability. 7
(c) Any claimant injured on or after July 1, 1981, and before 8
July 1, 1995, who incurs a disability that exceeds 30 percent may 9
elect to receive his or her compensation in a lump sum equal to the 10
present value of an award for a disability of 30 percent. If the 11
claimant elects to receive compensation pursuant to this paragraph, 12
the insurer shall pay in installments to the claimant that portion of 13
the claimant’s disability in excess of 30 percent. 14
(d) Any claimant injured on or after July 1, 1995, and before 15
January 1, 2016, who incurs a disability that: 16
(1) Does not exceed 25 percent may elect to receive his or 17
her compensation in a lump sum. 18
(2) Exceeds 25 percent may: 19
(I) Elect to receive his or her compensation in a lump sum 20
equal to the present value of an award for a disability of 25 percent. 21
If the claimant elects to receive compensation pursuant to this sub -22
subparagraph, the insurer shall pay in i nstallments to the claimant 23
that portion of the claimant’s disability in excess of 25 percent. 24
(II) To the extent that the insurer has offered to provide 25
compensation in a lump sum up to the present value of an award for 26
disability of 30 percent, elect to receive his or her compensation in a 27
lump sum up to the present value of an award for a disability of 30 28
percent. If the claimant elects to receive compensation pursuant to 29
this sub -subparagraph, the insurer shall pay in installments to the 30
claimant tha t portion of the claimant’s disability in excess of 30 31
percent. 32
(e) Any claimant injured on or after January 1, 2016, and before 33
July 1, 2017, who incurs a disability that: 34
(1) Does not exceed 30 percent may elect to receive his or 35
her compensation in a lump sum. 36
(2) Exceeds 30 percent may elect to receive his or her 37
compensation in a lump sum equal to the present value of an award 38
for a disability of 30 percent. If the claimant elects to receive 39
compensation pursuant to this subparagraph, the insurer shall pay in 40
installments to the claimant that portion of the claimant’s disability 41
in excess of 30 percent. 42
(f) Any claimant injured on or after July 1, 2017, who incurs a 43
disability that: 44

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(1) Does not exceed 30 percent may elect to receive his or 1
her compensation in a lump sum. 2
(2) Exceeds 30 percent may elect to receive his or her 3
compensation in a lump sum equal to the present value of an award 4
for a disability of up to 30 percent. If the claimant elects to receive 5
compensation pursuant to this subparagraph, the insurer shall pay in 6
installments to the claimant that portion of the claimant’s disability 7
in excess of 30 percent. 8
(g) If the permanent partial disability rating of a claimant 9
seeking compensation pursuant to this section would, when 10
combined with any previous permanent partial disability rating of 11
the claimant that resulted in an award of benefits to the claimant, 12
result in the claimant having a total permanent partial disability 13
rating in excess of 100 percent, the claimant’s disability rating upon 14
which compensation is calculated must be reduced by such 15
percentage as required to limit the total permanent partial disability 16
rating of the claimant for all injuries to not more than 100 percent. 17
2. If the claimant elects to receive his or her payment for a 18
permanent partial disability in a lump sum pursuant to subsection 1, 19
all of the claimant’s benefits for compensation terminate. Except as 20
otherwise provided in paragraph (d), the claimant’s acceptance of 21
that payment constitutes a final s ettlement of all factual and legal 22
issues in the case. By so accepting the claimant waives all of his or 23
her rights regarding the claim, including the right to appeal from the 24
closure of the case or the percentage of his or her disability, except: 25
(a) The right of the claimant to: 26
(1) Reopen his or her claim in accordance with the 27
provisions of NRS 616C.390; or 28
(2) Have his or her claim considered by his or her insurer 29
pursuant to NRS 616C.392; 30
(b) Any counseling, training or other rehabilitative serv ices 31
provided by the insurer; 32
(c) The right of the claimant to receive a benefit penalty in 33
accordance with NRS 616D.120; and 34
(d) The right of the claimant to conclude or resolve any 35
contested matter which is pending at the time that the claimant 36
executes his or her election to receive his or her payment for a 37
permanent partial disability in a lump sum. The provisions of this 38
paragraph do not apply to: 39
(1) The scope of the claim; 40
(2) The claimant’s stable and ratable status; and 41
(3) The claimant’s average monthly wage. 42
3. The claimant, when he or she demands payment in a lump 43
sum pursuant to subsection 2, must be provided with a written 44
notice which prominently displays a statement describing the effects 45

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of accepting payment in a lump s um of an entire permanent partial 1
disability award, any portion of such an award or any uncontested 2
portion of such an award, and that the claimant has 20 days after the 3
mailing or personal delivery of the notice within which to retract or 4
reaffirm the dem and, before payment may be made and the 5
claimant’s election becomes final. 6
4. Any lump -sum payment which has been paid on a claim 7
incurred on or after July 1, 1973, must be supplemented if necessary 8
to conform to the provisions of this section. 9
5. Except as otherwise provided in this subsection, the total 10
lump-sum payment for disablement paid to the claimant must not 11
be less than one -half the product of the average monthly wage 12
multiplied by the percentage of disability. If the claimant received 13
compensation in installment payments for his or her permanent 14
partial disability before electing to receive payment for that 15
disability in a lump sum, the lump -sum payment must be calculated 16
for the remaining payment of compensation. 17
6. The lump sum payable to the claimant must be equal to the 18
present value of the compensation awarded, less any advance 19
payment or lump sum previously paid. The present value must be 20
calculated using monthly payments in the amounts prescribed in 21
subsection 8 of NRS 616C.490 and act uarial annuity tables adopted 22
by the Division. The tables must be reviewed annually by a 23
consulting actuary and must be adjusted accordingly on July 1 of 24
each year by the Division using: 25
(a) The most recent unisex “Static Mortality Tables for Defined 26
Benefit Pension Plans” published by the Internal Revenue Service; 27
and 28
(b) The average 30 -Year Treasury Constant Maturity Rate for 29
March of the current year as reported by the Board of Governors of 30
the Federal Reserve System. 31
7. To calculate the present valu e of a lump sum payable to a 32
claimant, the insurer shall use the actuarial annuity tables adopted 33
by the Division that are in effect on the date on which the claimant 34
elects payment in a lump sum. 35
8. If a claimant would receive more money by electing to 36
receive compensation in a lump sum than the claimant would if he 37
or she receives installment payments, the claimant may elect to 38
receive the lump-sum payment. 39
9. A private attorney or representative of the claimant may 40
not receive a fee for any services provided in an amount greater 41
than 20 percent of any lump sum payment paid to the claimant 42
pursuant to this section. 43

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Sec. 8. NRS 616C.580 is hereby amended to read as follows: 1
616C.580 1. Except as otherwise provided in this section, 2
vocational rehabilitation services must not be provided outside of 3
this State. 4
2. An injured employee who: 5
(a) Resides outside of this State, within 50 miles from any 6
border of this State, on the date of injury; or 7
(b) Was injured while temporarily employed in this State by an 8
employer subject to the provisions of chapters 616A to 617, 9
inclusive, of NRS who can demonstrate that, on the date of injury, 10
his or her permanent residence was outside of this State, 11
 may receive vocational rehabilitation services at a location within 12
50 miles from his or her residence if such services are available at 13
such a location. 14
3. An injured employee who: 15
(a) Is eligible for vocational rehabilitation services pursuant to 16
NRS 616C.590; and 17
(b) Resides outside of this State but does not qualify to receive 18
vocational rehabilitation services outside of this State pursuant to 19
subsection 2, 20
 may execute a written agreement with the insurer which provides 21
for the payment of compensation to the injured employee in a lump 22
sum in lieu of the provision of vocational rehabilitation services 23
pursuant to NRS 616C.595. The amount of the lump sum must not 24
exceed $20,000. 25
4. A private attorney or representative of an injured employee 26
may not receive a fee for any services in an amount greater than 27
20 percent of any lump sum payment paid to the injured employee 28
pursuant to this section. 29
5. An injured employee who resides outside of this State but 30
does not qualify to receive vocational rehabilitation services outside 31
of this State pursuant to subsection 2 may receive the vocational 32
rehabilitation services to which the injured employee is entitled 33
pursuant to NRS 616C.545 to 616C.575, inclusive, and 616C.590 if 34
the injured employee relocates to: 35
(a) This State; or 36
(b) A location within 50 miles from any border of this State, 37
 at his or her own expense, if such services are available at such a 38
location. 39
[5.] 6. An injured employee who resides in this State may 40
receive vocational rehabilitation services outside of this State at a 41
location within 50 miles from the residence of the injured employee 42
if such services are available at such a location. An insurer may not 43
unreasonably deny a request made by an injured employee pursuant 44

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to this subsection to receive vocational rehabilitation services 1
outside of this State. 2
[6.] 7. An injured employee may receive vocational 3
rehabilitation services in any state that borders this State if the 4
injured employee demonstrates that the services are available in a 5
more cost -effective manner than are available in this State. Any 6
vocational r ehabilitation services provided pursuant to this 7
subsection must be monitored by a vocational rehabilitation 8
counselor in this State. 9
Sec. 9. NRS 616C.595 is hereby amended to read as follows: 10
616C.595 1. If an injured e mployee is eligible for vocational 11
rehabilitation services pursuant to NRS 616C.590, the insurer and 12
the injured employee may, at any time during the employee’s 13
eligibility for such services, execute a written agreement providing 14
for the payment of compensation to the injured employee in a lump 15
sum in lieu of the provision of vocational rehabilitation services. An 16
insurer’s refusal to execute such an agreement may not be appealed. 17
2. If the insurer and the injured employee execute an agreement 18
pursuant to subsection 1, the acceptance of the payment of 19
compensation in a lump sum by the injured employee extinguishes 20
the right of the injured employee to receive vocational rehabilitation 21
services under the injured employee’s claim. Except as otherwise 22
required by federal law, an injured employee shall not receive 23
vocational rehabilitation services from any state agency after the 24
injured employee accepts payment of compensation in a lump sum 25
pursuant to this section. 26
3. Before executing an agreement pursuant t o subsection 1, an 27
insurer shall: 28
(a) Order an assessment of and counseling concerning the 29
vocational skills of the injured employee, unless the provisions of 30
subsection 3 of NRS 616C.580 are applicable; 31
(b) Consult with the employer of the injured employee; and 32
(c) Provide a written notice to the injured employee that 33
contains the following statements: 34
(1) That the injured employee is urged to seek assistance and 35
advice from the Nevada Attorney for Injured Workers or to consult 36
with a private attorney before signing the agreement. 37
(2) That the injured employee may rescind the agreement 38
within 20 days after the injured employee signs it. 39
(3) That the 20-day period pursuant to subparagraph (2) may 40
not be waived. 41
(4) That acceptance by the injured e mployee of payment of 42
compensation in a lump sum in lieu of the provision of vocational 43
rehabilitation services extinguishes the right of the injured employee 44
to receive such services. 45

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4. Except as otherwise provided in NRS 616C.580, any 1
payment of compensation in a lump sum in lieu of the provision of 2
vocational rehabilitation services must not be less than 55 percent of 3
the maximum amount of vocational rehabilitation maintenance due 4
to the injured employee pursuant to NRS 616C.555. 5
5. No payment of co mpensation in a lump sum may be made 6
pursuant to this section until the 20 -day period provided for the 7
rescission of the agreement has expired. 8
6. A private attorney or representative of the injured 9
employee may not receive a fee for any services in an a mount 10
greater than 20 percent of any lump sum payment paid to the 11
injured employee pursuant to this section. 12
Sec. 10. NRS 41.745 is hereby repealed. 13

TEXT OF REPEALED SECTION

41.745 Liability of employer for intentional conduct of
employee; limitations.
1. An employer is not liable for harm or injury caused by the
intentional conduct of an employee if the conduct of the employee:
(a) Was a truly independent venture of the employee;
(b) Was not committed in the course of the very task assigned to
the employee; and
(c) Was not reasonably foreseeable under the facts and
circumstances of the case considering the nature and scope of his or
her employment.
 For the purposes of this subsection, conduct of an emp loyee is
reasonably foreseeable if a person of ordinary intelligence and
prudence could have reasonably anticipated the conduct and the
probability of injury.
2. Nothing in this section imposes strict liability on an
employer for any unforeseeable intentional act of an employee.
3. For the purposes of this section:
(a) “Employee” means any person who is employed by an
employer, including, without limitation, any present or former
officer or employee, immune contractor, an employee of a
university school for profoundly gifted pupils described in chapter
388C of NRS or a member of a board or commission or Legislator
in this State.
(b) “Employer” means any public or private employer in this
State, including, without limitation, the State of Nevada, a university
school for profoundly gifted pupils described in chapter 388C of

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NRS, any agency of this State and any political subdivision of the
State.
(c) “Immune contractor” has the meaning ascribed to it in
subsection 3 of NRS 41.0307.
(d) “Officer” has th e meaning ascribed to it in subsection 4 of
NRS 41.0307.

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