Agreements for payment of compensation in lump sum in lieu of provision of vocational rehabilitation services.
1. If an injured employee is eligible for vocational rehabilitation services pursuant to NRS 616C.590, the insurer and the injured employee may, at any time during the employee’s eligibility for such services, execute a written agreement providing for the payment of compensation in a lump sum in lieu of the provision of vocational rehabilitation services. An insurer’s refusal to execute such an agreement may not be appealed.
2. If the insurer and the injured employee execute an agreement pursuant to subsection 1, the acceptance of the payment of compensation in a lump sum by the injured employee extinguishes his right to receive vocational rehabilitation services under his claim. Except as otherwise required by federal law, an injured employee shall not receive vocational rehabilitation services from any state agency after he accepts payment of compensation in a lump sum pursuant to this section.
3. Before executing an agreement pursuant to subsection 1, an insurer shall:
(a) Order an assessment of and counseling concerning the vocational skills of the injured employee, unless the provisions of NRS 616C.580 are applicable;
(b) Consult with the employer of the injured employee; and
(c) Provide a written notice to the injured employee that contains the following statements:
(1) That the injured employee is urged to seek assistance and advice from the Nevada Attorney for Injured Workers or to consult with a private attorney before signing the agreement.
(2) That the injured employee may rescind the agreement within 20 days after he signs it.
(3) That the 20-day period pursuant to subparagraph (2) may not be waived.
(4) That acceptance by the injured employee of payment of compensation in a lump sum in lieu of the provision of vocational rehabilitation services extinguishes his right to receive such services.
4. No payment of compensation in a lump sum may be made pursuant to this section until the 20-day period provided for the rescission of the agreement has expired.
Last modified: February 25, 2006