1. An insurer shall reopen a claim to consider the payment of compensation for a permanent partial disability if:
(a) The claim was closed and the claimant was not scheduled for an evaluation of the injury in accordance with NRS 616C.490;
(b) The claimant demonstrates by a preponderance of the evidence that, at the time that the case was closed, the claimant was, because of the injury, qualified to be scheduled for an evaluation for a permanent partial disability; and
(c) The insurer has violated a provision of NRS 616D.120 with regard to the claim.
2. The demonstration required pursuant to paragraph (b) of subsection 1 must be made with documentation that existed at the time that the case was closed.
3. Notwithstanding any specific statutory provision to the contrary, the consideration of whether a claimant is entitled to payment of compensation for a permanent partial disability for a claim that is reopened pursuant to this section must be made in accordance with the provisions of the applicable statutory and regulatory provisions that existed on the date on which the claim was closed, including, without limitation, using the edition of the American Medical Association’s Guides to the Evaluation of Permanent Impairment as adopted by the Division pursuant to NRS 616C.110 that was applicable on the date the claim was closed.
(Added to NRS by 2005, 1491)
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