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Nevada

 


Coverage:
Cancer, Lung Disease, Heart Disease, Infectious Disease
 
Code Part: Nevada Revised Statutes
Chapter 617 Occupational Disease

NRS §617.453 Cancer as occupational disease of firemen
NRS §617.455 Lung disease as occupational diseases of firemen and police officers
NRS §617.457 Heart diseases as occupational diseases of firemen and police officers
NRS §617.481 Certain contagious diseases as occupational diseases
NRS §617.485 Hepatitis as occupational disease of police officers, firefighters and emergency medical attendants
 
Description: NRS 617.453 Cancer as occupational disease of firemen. 1. Notwithstanding any other provision of this chapter, cancer, resulting in either temporary or permanent disability, or death, is an occupational disease and compensable as such under the provisions of this chapter if: (a) The cancer develops or manifests itself out of and in the course of the employment of a person who, for 5 years or more, has been: (1) Employed in this state in a full-time salaried occupation of fire fighting for the benefit or safety of the public; or (2) Acting as a volunteer fireman in this state and is entitled to the benefits of chapters 616A to 616D, inclusive, of NRS pursuant to the provisions of NRS 616A.145; and (b) It is demonstrated that: (1) He was exposed, while in the course of the employment, to a known carcinogen as defined by the International Agency for Research on Cancer or the National Toxicology Program; and (2) The carcinogen is reasonably associated with the disabling cancer. 2. With respect to a person who, for 5 years or more, has been employed in this state in a full-time salaried occupation of fire fighting for the benefit or safety of the public, the following substances shall be deemed, for the purposes of paragraph (b) of subsection 1, to be known carcinogens that are reasonably associated with the following disabling cancers: (a) Diesel exhaust, formaldehyde and polycyclic aromatic hydrocarbon shall be deemed to be known carcinogens that are reasonably associated with bladder cancer. (b) Acrylonitrile, formaldehyde and vinyl chloride shall be deemed to be known carcinogens that are reasonably associated with brain cancer. (c) Diesel exhaust and formaldehyde shall be deemed to be known carcinogens that are reasonably associated with colon cancer. (d) Formaldehyde shall be deemed to be a known carcinogen that is reasonably associated with Hodgkin’s lymphoma. (e) Formaldehyde and polycyclic aromatic hydrocarbon shall be deemed to be known carcinogens that are reasonably associated with kidney cancer. (f) Chloroform, soot and vinyl chloride shall be deemed to be known carcinogens that are reasonably associated with liver cancer. (g) Acrylonitrile, benzene, formaldehyde, polycyclic aromatic hydrocarbon, soot and vinyl chloride shall be deemed to be known carcinogens that are reasonably associated with lymphatic or haemotopoietic cancer. 3. The provisions of subsection 2 do not create an exclusive list and do not preclude any person from demonstrating, on a case-by-case basis for the purposes of paragraph (b) of subsection 1, that a substance is a known carcinogen that is reasonably associated with a disabling cancer. 4. Compensation awarded to the employee or his dependents for disabling cancer pursuant to this section must include: (a) Full reimbursement for related expenses incurred for medical treatments, surgery and hospitalization in accordance with the schedule of fees and charges established pursuant to NRS 616C.260 or, if the insurer has contracted with an organization for managed care or with providers of health care pursuant to NRS 616B.527, the amount that is allowed for the treatment or other services under that contract; and (b) The compensation provided in chapters 616A to 616D, inclusive, of NRS for the disability or death. 5. Disabling cancer is presumed to have developed or manifested itself out of and in the course of the employment of any fireman described in this section. This rebuttable presumption applies to disabling cancer diagnosed after the termination of the person’s employment if the diagnosis occurs within a period, not to exceed 60 months, which begins with the last date the employee actually worked in the qualifying capacity and extends for a period calculated by multiplying 3 months by the number of full years of his employment. This rebuttable presumption must control the awarding of benefits pursuant to this section unless evidence to rebut the presumption is presented. 6. The provisions of this section do not create a conclusive presumption. NRS 617.455 Lung diseases as occupational diseases of firemen and police officers. 1. Notwithstanding any other provision of this chapter, diseases of the lungs, resulting in either temporary or permanent disability or death, are occupational diseases and compensable as such under the provisions of this chapter if caused by exposure to heat, smoke, fumes, tear gas or any other noxious gases, arising out of and in the course of the employment of a person who, for 2 years or more, has been: (a) Employed in this state in a full-time salaried occupation of fire fighting for the benefit or safety of the public; (b) Acting as a volunteer fireman in this state and is entitled to the benefits of chapters 616A to 616D, inclusive, of NRS pursuant to the provisions of NRS 616A.145; 2. Except as provided in subsection 3, each employee who is to be covered for diseases of the lungs pursuant to the provisions of this section shall submit to a physical examination, including a thorough test of the functioning of his lungs and the making of an X-ray film of his lungs, upon employment, upon commencement of the coverage, once every even-numbered year until he is 40 years of age or older and thereafter on an annual basis during his employment. 3. A thorough test of the functioning of the lungs is not required for a volunteer fireman. 4. All physical examinations required pursuant to subsection 2 must be paid for by the employer. 5. A disease of the lungs is conclusively presumed to have arisen out of and in the course of the employment of a person who has been employed in a full-time continuous, uninterrupted and salaried occupation as a police officer or fireman for 5 years or more before the date of disablement. 6. Failure to correct predisposing conditions which lead to lung disease when so ordered in writing by the examining physician after the annual examination excludes the employee from the benefits of this section if the correction is within the ability of the employee. 7. A person who is determined to be: (a) Partially disabled from an occupational disease pursuant to the provisions of this section; and (b) Incapable of performing, with or without remuneration, work as a fireman or police officer, Ê may elect to receive the benefits provided under NRS 616C.440 for a permanent total disability. NRS 617.457 Heart diseases as occupational diseases of firemen and police officers. 1. Notwithstanding any other provision of this chapter, diseases of the heart of a person who, for 5 years or more, has been employed in a full-time continuous, uninterrupted and salaried occupation as a fireman or police officer in this state before the date of disablement are conclusively presumed to have arisen out of and in the course of the employment. 2. Notwithstanding any other provision of this chapter, diseases of the heart, resulting in either temporary or permanent disability or death, are occupational diseases and compensable as such under the provisions of this chapter if caused by extreme overexertion in times of stress or danger and a causal relationship can be shown by competent evidence that the disability or death arose out of and was caused by the performance of duties as a volunteer fireman by a person entitled to the benefits of chapters 616A to 616D, inclusive, of NRS pursuant to the provisions of NRS 616A.145 and who, for 5 years or more, has served continuously as a volunteer fireman in this state and who has not reached the age of 55 years before the onset of the disease. 3. Except as otherwise provided in subsection 4, each employee who is to be covered for diseases of the heart pursuant to the provisions of this section shall submit to a physical examination, including an examination of the heart, upon employment, upon commencement of coverage and thereafter on an annual basis during his employment. 4. A physical examination is not required for a volunteer fireman more than once every 3 years after an initial examination. 5. All physical examinations required pursuant to subsection 3 must be paid for by the employer. 6. Failure to correct predisposing conditions which lead to heart disease when so ordered in writing by the examining physician subsequent to the annual examination excludes the employee from the benefits of this section if the correction is within the ability of the employee. 7. A person who is determined to be: (a) Partially disabled from an occupational disease pursuant to the provisions of this section; and (b) Incapable of performing, with or without remuneration, work as a fireman or police officer, may elect to receive the benefits provided under NRS 616C.440 for a permanent total disability. 8. Claims filed under this section may be reopened at any time during the life of the claimant for further examination and treatment of the claimant upon certification by a physician of a change of circumstances related to the occupational disease which would warrant an increase or rearrangement of compensation. NRS 617.481 Certain contagious diseases as occupational diseases. 1. Notwithstanding any other provision of this chapter and except as otherwise provided in this section, if a person employed in this State contracts a contagious disease during the course and scope of his employment that results in a temporary or permanent disability or death, the disease is an occupational disease and compensable as such under the provisions of this chapter if: (a) It is demonstrated that the employee was exposed to the contagious disease during the course and scope of his employment; (b) The employee reported the exposure to his employer in compliance with the reporting requirements adopted by the employer; and (c) A test to screen for the contagious disease that is approved by the State Board of Health is administered to the employee: (1) Within 72 hours after the date of the exposure and the employee tests negative for exposure to the contagious disease; and (2) After the incubation period for the contagious disease, as determined by the State Board of Health, but not later than 12 months after the date of the exposure, and the employee tests positive for exposure to the contagious disease. 2. Such an employee and his dependents are excluded from the benefits of this section if: (a) The employee refuses to be tested for exposure to the contagious disease as required by subsection 1; (b) The employee or his dependents are eligible to receive compensation pursuant to paragraph (b) of subsection 2 of NRS 616A.265 or NRS 616C.052; or (c) It is proven by clear and convincing evidence that the contagious disease did not arise out of and in the course of the employment. 3. All tests for exposure to the contagious disease that are required pursuant to subsection 1 must be paid for by the employer. 4. Compensation awarded to an employee or his dependents pursuant to this section must include: (a) Full reimbursement for related expenses incurred for: (1) Preventive treatment administered as a precaution to the employee; and (2) Other medical treatments, surgery and hospitalization; and (b) The compensation provided in chapters 616A to 616D, inclusive, of NRS for the disability or death. 5. As used in this section: (a) “Contagious disease” means hepatitis A, hepatitis B, hepatitis C, tuberculosis, the human immunodeficiency virus or acquired immune deficiency syndrome. (b) “Exposed” or “exposure” means the introduction of blood or other infectious materials into the body of an employee during the performance of his official duties through the skin, eye, mucous membrane or parenteral contact. The term includes contact with airborne materials carrying tuberculosis. (c) “Preventive treatment” includes, without limitation, tests to determine if an employee has contracted the contagious disease to which he was exposed. NRS 617.485 Hepatitis as occupational disease of police officers, firefighters and emergency medical attendants. 1. Notwithstanding any other provision of this chapter and except as otherwise provided in this section, if an employee has hepatitis, the disease is conclusively presumed to have arisen out of and in the course of his employment if the employee has been continuously employed for 5 years or more as a police officer, full-time salaried firefighter or emergency medical attendant in this State before the date of any temporary or permanent disability or death resulting from the hepatitis. 2. Compensation awarded to a police officer, firefighter or emergency medical attendant, or to the dependents of such a person, for hepatitis pursuant to this section must include: (a) Full reimbursement for related expenses incurred for medical treatments, surgery and hospitalization; and (b) The compensation provided in chapters 616A to 616D, inclusive, of NRS for the disability or death. 3. A police officer, salaried firefighter or emergency medical attendant shall: (a) Submit to a blood test to screen for hepatitis C upon employment, upon the commencement of coverage and thereafter on an annual basis during his employment. (b) Submit to a blood test to screen for hepatitis A and hepatitis B upon employment, upon the commencement of coverage and thereafter on an annual basis during his employment, except that a police officer, salaried firefighter or emergency medical attendant is not required to submit to a blood test to screen for hepatitis A and hepatitis B on an annual basis during his employment if he has been vaccinated for hepatitis A and hepatitis B upon employment or at other medically appropriate times during his employment. Each employer shall provide a police officer, salaried firefighter or emergency medical attendant with the opportunity to be vaccinated for hepatitis A and hepatitis B upon employment and at other medically appropriate times during his employment. 4. All blood tests required pursuant to this section and all vaccinations provided pursuant to this section must be paid for by the employer. 5. The provisions of this section: (a) Except as otherwise provided in paragraph (b), do not apply to a police officer, firefighter or emergency medical attendant who is diagnosed with hepatitis upon employment. (b) Apply to a police officer, firefighter or emergency medical attendant who is diagnosed with hepatitis upon employment if, during the employment or within 1 year after the last day of the employment, he is diagnosed with a different strain of hepatitis. (c) Apply to a police officer, firefighter or emergency medical attendant who is diagnosed with hepatitis after the termination of the employment if the diagnosis is made within 1 year after the last day of the employment. 6. A police officer, firefighter or emergency medical attendant who is determined to be: (a) Partially disabled from an occupational disease pursuant to the provisions of this section; and (b) Incapable of performing, with or without remuneration, work as a police officer, firefighter or emergency medical attendant, may elect to receive the benefits provided pursuant to NRS 616C.440 for a permanent total disability. 7. As used in this section: (a) “Emergency medical attendant” means a person licensed as an attendant or certified as an emergency medical technician, intermediate emergency medical technician or advanced emergency medical technician pursuant to chapter 450B of NRS, whose primary duties of employment are the provision of emergency medical services. (b) “Hepatitis” includes hepatitis A, hepatitis B, hepatitis C and any additional diseases or conditions that are associated with or result from hepatitis A, hepatitis B or hepatitis C. (c) “Police officer” means a sheriff, deputy sheriff, officer of a metropolitan police department or city policeman. 
 
Nevada Legislative Web Site


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Copyright © 2014 International Association of Fire Fighters.  Last Modified:  4/23/2014