NAC616C.583. Offer of employment: Light duty.

     1. An offer of employment at light duty to an injured employee by his or her employer must:

     (a) Be in writing;

     (b) Be mailed to both the insurer and the injured employee; and

     (c) Include:

          (1) The net wage to be paid the injured employee;

          (2) The hours which the injured employee will be expected to work;

          (3) A reasonable description of the physical requirements of the employment;

          (4) A reasonable description of the duties the injured employee will be expected to perform;

          (5) A description of any fringe benefits of the employment; and

          (6) The geographical location of the employment.

     2. If the insurer finds that the actual requirements of the employment at light duty materially differ from the offer of employment and the employer fails to take corrective action, the insurer may provide vocational rehabilitation services.

     3. The injured employee must be allowed a reasonable time, not to exceed 7 days after the date the offer of the employment at light duty is made, within which to accept or reject the offer.

     4. If the employment at light duty offered to the injured employee is expected to be of limited duration, the employer shall disclose that fact to the injured employee in the offer of employment and state the expected duration.

     5. An employer must not offer temporary or permanent employment at light duty which he or she does not then expect to be available to the injured employee as offered.

     6. An employer does not have to comply with the requirements in subsections 1 to 5, inclusive, if the employer offers the injured employee temporary employment at light duty which is:

     (a) Immediately available;

     (b) Compatible with the physical limitations of the injured employee as established by the treating physician or chiropractor; and

     (c) Substantially similar in terms of the location and the working hours to the position that the injured employee held at the time of the injury.

     7. Temporary employment at light duty offered pursuant to subsection 6 must cease within 30 days after the injured employee’s physical restrictions are determined to be permanent. Any subsequent offers of employment at light duty by the employer must comply with the requirements of subsections 1 to 5, inclusive.

     (Added to NAC by Div. of Industrial Insurance Regulation, eff. 9-7-88; A by Div. of Industrial Relations, 1-20-94)—(Substituted in revision for NAC 616.085)