NRS 616A.435 Office created; appointment; term; qualifications; duties limited.

1. The office of the Nevada attorney for injured workers is hereby created within the department of business and industry. The governor shall appoint the Nevada attorney for injured workers for a term of 4 years.

2. The Nevada attorney for injured workers:

(a) Must be an attorney licensed to practice law in this state.

(b) Is in the unclassified service of the state.

(c) Except as otherwise provided in NRS 7.065, shall not engage in the private practice of law.

3. The duties of the Nevada attorney for injured workers are limited to those prescribed by NRS 616A.455 and 616A.460.

NRS 616A.440 Employment of deputy and staff; qualifications of deputy.

1. The Nevada attorney for injured workers may employ:

(a) A deputy Nevada attorney for injured workers who is in the unclassified service of the state.

(b) Clerical and other necessary staff who are in the classified service of the state.

2. The deputy must be an attorney licensed to practice law in this state and, except as otherwise provided in NRS 7.065, shall not engage in the private practice of law.

NRS 616A.445 Offices; budget.

1. The Nevada attorney for injured workers shall establish an office in Carson City or Reno, Nevada, and an office in Las Vegas, Nevada.

2. The Nevada attorney for injured workers shall prepare and submit a budget for the maintenance and operation of his office in the same manner as other state agencies.

NRS 616A.450 Request for appointment; consideration of and action upon request; representation upon appointment.

1. Any claimant may request the appointment of the Nevada attorney for injured workers to represent him. The request must be made in writing.

2. The appeals officer or administrator, as the case may be, shall consider each request within a reasonable time and shall make any inquiry as he deems necessary. If he finds that the claimant would be better served by legal representation in the case, he shall appoint the Nevada attorney for injured workers to represent the claimant. Once the Nevada attorney for injured workers has been appointed to represent a claimant, the Nevada attorney for injured workers is authorized to represent the claimant at any level of proceedings if, in the opinion of the Nevada attorney for injured workers, the representation is necessary.

NRS 616A.455 Powers and duties.

1. Except as otherwise provided in subsection 3, the Nevada attorney for injured workers shall, when appointed by an appeals officer or the administrator, represent without charge a claimant before the appeals officer, administrator, district court or supreme court. In addition, the Nevada attorney for injured workers may give advice regarding a claimant’s rights before a hearing officer and the procedure for enforcing those rights.

2. When representing a claimant, the Nevada attorney for injured workers shall:

(a) Advise the claimant and present his case to the appeals officer or administrator; and

(b) Present in the district court or supreme court an appeal from the decision of the appeals officer or administrator if, in the opinion of the Nevada attorney for injured workers, the appeal is merited.

3. If the Nevada attorney for injured workers determines, in accordance with the guidelines adopted pursuant to subsection 4, that a claim is frivolous or lacks merit, he may refuse to represent a claimant.

4. The Nevada attorney for injured workers shall establish the policies to be followed in determining whether a claim is frivolous or lacks merit.

NRS 616A.460 Employment of private counsel by claimant; reimbursement of division; report to governor.

1. The provisions of NRS 616A.435 to 616A.460, inclusive, do not prevent any claimant from engaging private counsel at any time, but the employment of private counsel relieves the Nevada attorney for injured workers from further presentation of the claimant’s case. Any claimant who uses the services of the Nevada attorney for injured workers and who also retains private counsel shall reimburse the division for the reasonable cost of the services of the Nevada attorney for injured workers.

2. The Nevada attorney for injured workers shall submit a report to the governor containing a statement of the number of claimants represented, the status of each case and the amount and nature of the expenditures made by his office.

ADDITIONAL DUTIES OF PUBLIC AGENCIES

NRS 616A.465 Responsibilities of division, commissioner of insurance, department of administration and Nevada attorney for injured workers.

1. Except as otherwise provided in this section, the division shall:

(a) Regulate insurers pursuant to chapters 616A to 617, inclusive, of NRS;

(b) Investigate insurers regarding compliance with statutes and the division’s regulations;

(c) Determine whether an employee leasing company is entitled to a certificate of registration pursuant to NRS 616B.673; and

(d) Regulate employee leasing companies pursuant to the provisions of NRS 616B.670 to 616B.697, inclusive.

2. The commissioner is responsible for reviewing rates, investigating the solvency of insurers, authorizing private carriers pursuant to chapter 680A of NRS and certifying:

(a) Self-insured employers pursuant to NRS 616B.300 to 616B.330, inclusive, and 616B.336;

(b) Associations of self-insured public or private employers pursuant to NRS 616B.350 to 616B.446, inclusive; and

(c) Third-party administrators pursuant to chapter 683A of NRS.

3. The department of administration is responsible for contested claims relating to industrial insurance pursuant to NRS 616C.310 to 616C.385, inclusive. The administrator is responsible for administrative appeals pursuant to NRS 616B.215.

4. The Nevada attorney for injured workers is responsible for legal representation of claimants pursuant to NRS 616A.435 to 616A.460, inclusive, and 616D.120.

5. The division is responsible for the investigation of complaints. If a complaint is filed with the division, the administrator shall cause to be conducted an investigation which includes a review of relevant records and interviews of affected persons. If the administrator determines that a violation may have occurred, the administrator shall proceed in accordance with the provisions of NRS 616D.120 and 616D.130.

6. As used in this section, “employee leasing company” has the meaning ascribed to it in NRS 616B.670.