Fill and Sign the Justia Injured Employees Right to Reopen a Claim Which Form

INJURED EMPLOYEE' S RIGHT TO REOPEN A CLAIM WHICH HAS BEEN CLOSED Nevada Revised Statutes 616C. 390 defines your right to re open your worker' s compensation claim after it has been determined that all benefits have been paid an d your claim has been closed. An application to reopen a claim must be in writing a nd accompanied by a certificate from a physician or chiropractor showing a change in medical condition. If you did not lose time from work as a result of you r industrial injury or occupational disease and you did not receive a permanent partial disability award, you may not request reopening of your claim more than o ne (1) year after the date on which your claim was clo sed. Except as otherwise provided in NRS 616C. 390(4), if the request for reopening is denied, the injured employee shall not request reopening of the claim until at least one (1) year after the date on which the fina l determination of an insurer is issued. Reopening of a claim is not effective, and thus no benefits or compensation is available, before t he date on which an application for reopening is made unless good c ause is shown (NRS 616C. 390(8)). If your claim closes under NRS 616C. 235(2), then you may not reop en your claim (NRS 616C. 390(6)). PPD OFFSET Nevada Revised Statues (NRS) 616C.405 prohibits an injured employee from receiving a permanent partial disability (PPD) benefit at the same time you are receiving temporary total disability (TTD), temporary partial disability (TPD), or permanent total disability (PTD). Further, if you have received a PPD on a claim and you were paid the award in a lump sum, future TTD, TPD, or PTD you receive on the same claim must be reduced by a portion of the PPD lump sum; or, if you are receiving installment payments for PPD, those payments will be suspended while TTD, TPD, or PTD is being paid. The rate at which the PPD offset is deducted is the same as the daily/monthly rate of the PPD award. Except for minimum lump sum awards, for each day/month you receive TTD, TPD, or PTD on the claim, the daily/monthly PPD rate is deducted based on the time period used to calculate the lump sum PPD award. (See NRS 616C.440 for specific information regarding offsets to PTD)Your PPD lump sum was computed through the day before your 70th* birthday. In other words, the lump sum represents permanent partial disability payments due you from the effective date of your initial PPD payment until you turn 70* years old (unless otherwise entitled to the minimum lump sum). Although you received just one lump sum payment(s), this payment represents the present value of all your future PPD payments. * PPD awards are calculated using the maximum age established by law which, depending on the date of the injury or occupational disease, may be less than 70 years. NOTE: This form is to be used by the Claims Agent when sending out permanent partial disability awards or whenever applicable. D-13 (rev. 7/ 99)