1. A vocational rehabilitation counselor shall develop a plan for a program of vocational rehabilitation for each injured employee who is eligible for vocational rehabilitation services pursuant to NRS 616C.590. The counselor shall work with the insurer and the injured employee to develop a program that is compatible with the injured employee’s age, sex and physical condition.
2. If the counselor determines in a written assessment requested pursuant to NRS 616C.550 that the injured employee has existing marketable skills, the plan must consist of job placement assistance only. When practicable, the goal of job placement assistance must be to aid the employee in finding a position which pays a gross wage that is equal to or greater than 80 percent of the gross wage that the employee was earning at the time of his or her injury. An injured employee must not receive job placement assistance for more than 6 months after the date on which the injured employee was notified that he or she is eligible only for job placement assistance because:
(a) The injured employee was physically capable of returning to work; or
(b) It was determined that the injured employee had existing marketable skills.
3. If the counselor determines in a written assessment requested pursuant to NRS 616C.550 that the injured employee does not have existing marketable skills, the plan must consist of a program which trains or educates the injured employee and provides job placement assistance. Except as otherwise provided in NRS 616C.560, such a program must not exceed:
(a) If the injured employee has incurred a permanent disability as a result of which permanent restrictions on the ability of the injured employee to work have been imposed but no permanent physical impairment rating has been issued, or a permanent disability with a permanent physical impairment of 0 percent, 9 months.
(b) If the injured employee has incurred a permanent physical impairment of 1 percent or more but less than 6 percent, 12 months.
(c) If the injured employee has incurred a permanent physical impairment of 6 percent or more, 24 months.
The percentage of the injured employee’s permanent physical impairment must be determined pursuant to NRS 616C.490.
4. A plan for a program of vocational rehabilitation must comply with the requirements set forth in NRS 616C.585.
5. A plan created pursuant to subsection 2 or 3 must assist the employee in finding a job or train or educate the employee and assist the employee in finding a job that is a part of an employer’s regular business operations and from which the employee will gain skills that would generally be transferable to a job with another employer.
6. A program of vocational rehabilitation must not commence before the treating physician or chiropractor, or an examining physician or chiropractor determines that the injured employee is capable of safely participating in the program.
7. If, based upon the opinion of a treating or an examining physician or chiropractor, the counselor determines that an injured employee is not eligible for vocational rehabilitation services, the counselor shall provide a copy of the opinion to the injured employee, the injured employee’s employer and the insurer.
8. A plan for a program of vocational rehabilitation must be signed by a certified vocational rehabilitation counselor.
9. If an initial program of vocational rehabilitation pursuant to this section is unsuccessful, an injured employee may submit a written request for the development of a second program of vocational rehabilitation which relates to the same injury. An insurer shall authorize a second program for an injured employee upon good cause shown.
10. If a second program of vocational rehabilitation pursuant to subsection 9 is unsuccessful, an injured employee may submit a written request for the development of a third program of vocational rehabilitation which relates to the same injury. The insurer, with the approval of the employer who was the injured employee’s employer at the time of his or her injury, may authorize a third program for the injured employee. If such an employer has terminated operations, the employer’s approval is not required for authorization of a third program.
11. The Division shall adopt regulations to carry out the provisions of this section. The regulations must specify the contents of a plan for a program of vocational rehabilitation.
(Added to NRS by 1993, 665; A 1993, 797, 2447, 2456; 1995, 2147; 1999, 1793; 2001, 1901; 2005, 1495; 2019, 3974)