The Court determined that (1) an administrative officer must first determine whether to reopen a worker’s compensation benefits claim, pursuant only to the requirements of NRS 616C.390, before considering whether the insurer is entitled to reimbursement due to a third party settlement; and (2) that insurers may be entitled to reimbursement for funds an injured party receives in third party settlements that are also covered by workers’ compensation, but are not entitled to reimbursement from the portion of the settlement designated for remedies outside the definition of “compensation” in NRS 616A.090, including pain and suffering and lost wages.
Kelly, Christopher, "Poremba v. S. Nev. Paving, 133 Nev. Adv. Op. 2 (Jan. 26, 2017) (en banc)" (2017). Nevada Supreme Court Summaries. 1022.