NRS 617.405 Judicial review of contested claims; requirements that are jurisdictional; service and filing of final decision issued by court.

299 words·~1 min read·/nv/chapter-617-occupational-diseases/617-405

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. No judicial proceedings may be instituted for benefits for an occupational disease under this chapter, unless:

(a)A claim is filed within the time limits prescribed in NRS 617.344 ; and

(b)A final decision by an appeals officer has been rendered on the claim.

2. Judicial proceedings instituted for benefits for an occupational disease under this chapter are limited to judicial review of that decision.

3. Notwithstanding any other provision of law:

(a)The following requirements, and no others, are mandatory and jurisdictional for a petition for judicial review of the final decision of an appeals officer:

(1)The petition must be filed within 30 days after the date of entry and service of the decision and order of the appeals officer; and

(2)A copy of the decision and order of the appeals officer must be attached to the petition.

(b)Other than the requirements of paragraph (a), a court may excuse any other defect in substance, form, venue or service of a petition for judicial review, and may permit any appropriate amendment or change of venue at any time before the final disposition of the petition.

4. The prevailing party in any judicial proceedings instituted for benefits for an occupational disease shall cause a copy of the final decision issued by the court in the proceedings to be:

(a)Served upon the appeals officer whose final decision was appealed. The appeals officer shall include the copy of the final decision in the administrative record on the matter.

(b)For a prevailing party in the Court of Appeals or Supreme Court, filed in the district court whose final decision was appealed.

COMPENSATION FOR DISABILITY AND DEATH