Section 616C.435 - Period used to calculate average monthly wage1. Except as otherwise provided in this section, a history of earnings for a period of 12 weeks must be used to calculate an average monthly wage.2. If a 12-week period of earnings is not representative of the average monthly wage of the injured employee, wages earned over a period of 1 year or the full period of employment, if it is less than 1 year, may be used. Wages earned over 1 year or the full period of employment, if it is less than 1 year, must be used if the average monthly wage would be increased.3. If an injured employee is a member of a labor organization and is regularly employed by referrals from the office of that organization, wages earned from all employers for a period of 1 year may be used. A period of 1 year using all the wages of the injured employee from all his or her employers must be used if the average monthly wage would be increased.4. If information concerning payroll is not available for a period of 12 weeks, wages earned may be averaged for the available period, but not for a period of less than 4 weeks.5. If information concerning payroll is unavailable for a period of at least 4 weeks, average wages earned must be projected using the rate of pay on the date of the injury or illness and the projected working schedule of the injured employee.6. If wages earned are based on piecework and a history of earnings is unavailable for a period of at least 4 weeks, the wages earned must be determined as being equal to the average earnings of other employees doing the same work.7. If these methods of determining a period of wages earned cannot be applied reasonably and fairly, an average monthly wage must be calculated by the insurer at 100 percent of:(a) The sum which reasonably represents the average monthly wage of the injured employee as defined in NAC 616C.420 to 616C.444, inclusive, at the time the injury or illness occurs; or(b) The amount determined using the hourly wage on the day the injury or illness occurs and the projected working schedule of the injured employee.8. The period used to calculate the average monthly wage must consist of consecutive days, ending on the date on which the injury or illness occurred, or the last day of the payroll period preceding the injury or illness if this period is representative of the average monthly wage.9. Wages earned in any concurrent employment:(a) Except as otherwise provided in paragraph (b), include, without limitation, wages earned from: (1) Active or reserve duty with or in: (I) The Army, Navy, Air Force, Marine Corps or Coast Guard of the United States;(II) The Merchant Marine; or(III) The National Guard; and(2) Employment by: (I) The Federal Government or any branch or agency thereof;(II) A state, territorial, county, municipal or local government of any state or territory of the United States; or(III) A private employer, whether that employment is full-time, part-time, temporary, periodic, seasonal or otherwise limited in term, or pursuant to contract.(b) Include wages earned from an employer only if the employer is insured for workers' compensation or government disability benefits by: (2) A plan of self-insurance;(3) A workers' compensation insurance system operating under the laws of any other state or territory of the United States; or(4) A workers' compensation or disability benefit plan provided for and administered by the Federal Government or any agency thereof.10. As used in this section: (a) "Wages earned" means wages earned from the employment in which the injury occurs and wages earned in any concurrent employment.(b) "Wages earned in any concurrent employment" has the meaning ascribed to the term "concurrent wages" in NRS 616C.420, except as otherwise provided in paragraph (b) of subsection 9.Nev. Admin. Code § 616C.435
Industrial Comm'n, No. 40 §§6 & 7, eff. 3-26-82-NAC A by Div. of Industrial Insurance Regulation, 2-22-88; 8-30-91; A by Div. of Industrial Relations by R098-98, 12-18-98; A by R134-20A, eff. 9/20/2022; Added to NAC by Div. of Industrial Relations by R134-20RA, eff. 12/19/2022