Nevada lawmakers are now considering a bill that would cause employers to prove that an occupational injury is not reimbursable instead of existing law that places responsibility for an injured party who must prove that the injury occurred in the field of employment.
AB 138, with 22 sponsors and now with the Committee on Trade and Work, was introduced on Thursday. It reverses the current law that "requires that an injured worker's claim … be determined on the basis of his merit and not according to the principle of common law that requires that laws governing workers' remuneration be interpreted liberally because they are remedial in nature" according to a of the legislative council.
"This bill requires that such a requirement be determined during a liberal construction of these statutes in favor of the injured worker or his or her relatives," digest state. "Under applicable law, an injured worker or his or her relatives are not entitled to receive insurance insurance coverage unless the employee or employees make a consideration of the evidence that the injury occurred during and during employment." [1
The bill also states that an employee's injury shall be deemed to have arisen out of and during employment, unless there is "clear and convincing evidence to the contrary or except in circumstances where certain laws provide for other evidence rules".
The bill would also penalize payers who deny claims that finally exist after a requested hearing.