Nevada Revised Statutes 616C.335 – Award of interest and costs; limitation; claimant’s memorandum of costs; insurer’s determination letter regarding requested costs; payment of allowed costs; request for appeal by aggrieved party
1. If a contested claim for compensation is decided in favor of the claimant, he or she is entitled to:
Terms Used In Nevada Revised Statutes 616C.335
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Oath: A promise to tell the truth.
- Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
- Subpoena: A command to a witness to appear and give testimony.
- Summons: Another word for subpoena used by the criminal justice system.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(a) An award of interest at the rate of 9 percent on the amount of compensation due the claimant from the date the payment on the claim would be due until the date that payment is made.
(b) As limited by subsection 2, an award of costs against the opposing party as follows:
(1) Clerks’ fees.
(2) Reporters’ fees for depositions, including a reporter‘s fee for one copy of each deposition.
(3) Fees for witnesses at an appeals hearing and deposing witnesses, unless the appeals officer finds that the witness was called at the instance of the prevailing party without reason or necessity.
(4) Reasonable fees of not more than five expert witnesses in an amount of not more than the fee allowable for an independent medical examination as set forth in the schedule of fees established by the Administrator pursuant to NRS 616C.260 for each witness, unless the appeals officer allows a fee in a greater amount after determining that the circumstances surrounding the expert’s testimony were of such necessity as to require the greater amount of the fee.
(5) The fee of any sheriff or licensed process server for the delivery or service of any summons or subpoena used in the action, unless the appeals officer determines that the service was not necessary.
(6) Compensation for the official reporter or reporter pro tempore.
(7) Reasonable costs for photocopies.
(8) Reasonable costs for postage.
(9) Reasonable costs for travel and lodging incurred taking depositions and conducting discovery.
(10) Any other reasonable and necessary expense incurred in connection with the action, including reasonable and necessary expenses for computerized services for legal research.
2. Costs awarded pursuant to subsection 1 must be limited to the costs incurred as a result of the litigation of those issues which were decided in favor of the claimant.
3. If a claimant is awarded costs pursuant to subsection 1, the claimant shall serve on the insurer and the claimant’s employer, not later than 15 calendar days after the decision of an appeals officer, district court, the Court of Appeals or the Supreme Court, a memorandum of the costs in the action or proceeding, which memorandum must be verified by the oath of the claimant, or the claimant’s attorney or agent, or by the clerk of the claimant’s attorney, stating that to the best of his or her knowledge and belief the costs are correct, and that the costs have been necessarily incurred in the action or proceeding.
4. Not later than 15 calendar days after receipt of service of a copy of a memorandum pursuant to subsection 3, the insurer shall issue to the claimant a determination letter regarding the requested costs, specifically stating in detail:
(a) The costs which are allowed pursuant to paragraph (b) of subsection 1 and subsection 2; and
(b) The costs which are disallowed pursuant to paragraph (b) of subsection 1 and subsection 2, along with specific reasons for the disallowance of those costs.
5. Costs which are allowed by the insurer pursuant to subsection 4, must be paid along with the determination letter to the claimant or, if the claimant is represented, to the claimant’s counsel.
6. Any party aggrieved by the determination may file a request for appeal directly to an appeals officer not later than 30 days after receipt of the determination letter.