Presumptive Disability Law in Nevada

CODE PART:

NEVADA REVISED STATUTES
TITLE 53—LABOR AND INDUSTRIAL RELATIONS
Chapter 616C Industrial Insurance: Benefits for Injuries or Death
616C.180 Injury or disease caused by stress.
616C.400 Minimum duration of incapacity; exceptions
616C.420 Method of determining average monthly wage
Chapter 617 Occupational Diseases
617.453 Cancer as occupational disease of firefighters.
617.455 Lung diseases as occupational diseases of firefighters and police officers.
617.457 Heart diseases as occupational diseases of firefighters and police officers.
617.481 Certain contagious diseases as occupational diseases.
617.485 Hepatitis as occupational disease of police officers, firefighters and emergency medical attendants.

Nevada Legislative Website

DESCRIPTION:

616C.180 1. Except as otherwise provided in this section, an injury or disease sustained by an employee that is caused by stress is compensable pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS if it arose out of and in the course of his or her employment.
2. Any ailment or disorder caused by any gradual mental stimulus, and any death or disability ensuing therefrom, shall be deemed not to be an injury or disease arising out of and in the course of employment.
3.Except as otherwise provided by subsections 4 and 5, an injury or disease caused by stress shall be deemed to arise out of and in the course of employment only if the employee proves by clear and convincing medical or psychiatric evidence that:
(a) The employee has a mental injury caused by extreme stress in time of danger;
(b) The primary cause of the injury was an event that arose out of and during the course of his or her employment; and
(c) The stress was not caused by his or her layoff, the termination of his or her employment or any disciplinary action taken against him or her.
4. An injury or disease caused by stress shall be deemed to arise out of and in the course of employment, and shall not be deemed the result of gradual mental stimulus, if the employee is a
first responder and proves by clear and convincing medical or psychiatric evidence that:
(a) The employee has a mental injury caused by extreme stress due to the employee directly witnessing:
(1) The death, or the aftermath of the death, of a person as a result of a violent event, including, without limitation, a homicide, suicide or mass casualty incident; or
(2) An injury, or the aftermath of an injury, that involves grievous bodily harm of a nature that shocks the conscience; and
(b) The primary cause of the mental injury was the employee witnessing an event described in paragraph (a) during the course of his or her employment.
5. An injury or disease caused by stress shall be deemed to arise out of and in the course of employment, and shall not be deemed the result of gradual mental stimulus, if the employee is
employed by the State or any of its agencies or political subdivisions and proves by clear and convincing medical or psychiatric evidence that:
(a) The employee has a mental injury caused by extreme stress due to the employee responding to a mass casualty incident; and
(b) The primary cause of the injury was the employee responding to the mass casualty incident
during the course of his or her employment.
6. An agency which employs a first responder, including, without limitation, a first responder who serves as a volunteer, shall provide educational training to the first responder related to the awareness, prevention, mitigation and treatment of mental health issues.
7. The provisions of this section do not apply to a person who is claiming compensation pursuant to NRS 617.457.
8. As used in this section:
(a) “Directly witness” means to see or hear for oneself.
(b) “First responder” means:
(1) A salaried or volunteer firefighter;
(2) A police officer;
(3) An emergency dispatcher or call taker who is employed by a law enforcement or public safety agency in this State; or
(4) An emergency medical technician or paramedic who is employed by a public safety agency in this State.
(c) “Mass casualty incident” means an event that, for the purposes of emergency response or operations, is designated as a mass casualty incident by one or more governmental agencies that
are responsible for public safety or for emergency response.

616C.400 1. Temporary compensation benefits must not be paid under chapters 616A to 616D, inclusive, of NRS for an injury which does not incapacitate the employee for at least 5 consecutive days, or 5 cumulative days within a 20-day period, from earning full wages, but if the incapacity extends for 5 or more consecutive days, or 5 cumulative days within a 20-day period, compensation must then be computed from the date of the injury.
2. The period prescribed in this section does not apply to:
(a) Accident benefits, whether they are furnished pursuant to NRS 616C.255 or 616C.265, if the injured employee is otherwise covered by the provisions of chapters 616A to 616D, inclusive, of
NRS and entitled to those benefits.
(b) Compensation paid to the injured employee pursuant to subsection 1 of NRS 616C.477.
(c) A claim which is filed pursuant to NRS 617.453, 617.455 or 617.457.
(d) A claim to which subsection 4 or 5 of NRS 616C.180 applies.

616C.420
1. The Administrator shall provide by regulation for a method of determining average monthly wage.
2. In determining average monthly wage pursuant to subsection 1, the method must include concurrent wages of the injured employee only if the concurrent wages are earned from one or more employers who are insured for workers’ compensation or government disability benefits by:
(a) A private carrier;
(b) A plan of self-insurance;
(c) A workers’ compensation insurance system operating under the laws of any other state or territory of the United States; or
(d) A workers’ compensation or disability benefit plan provided for and administered by the
Federal Government or any agency thereof.
3. Except as otherwise provided by subsection 2, concurrent wages include, without limitation, wages earned from:
(a) Active or reserve duty with or in:
(1) The Army, Navy, Air Force, Marine Corps or Coast Guard of the United States;
(2) The Merchant Marine; or
(3) The National Guard; or
(b) Employment by:
(1) The Federal Government or any branch or agency thereof;
(2) A state, territorial, county, municipal or local government of any state or territory of the United States; or
(3) A private employer, whether that employment is full-time, part-time, temporary, periodic, seasonal or otherwise limited in term, or pursuant to contract.
4. As used in this section, “concurrent wages” means the sum of wages earned or deemed to have been earned at each place of employment, including, without limitation, the sum of any and all
money earned for work of any kind or nature performed by an employee for two or more employers during the one-year period immediately preceding the date of injury or the onset of occupational disease, whether measured by an hourly rate, salary, piecework, commissions, gratuities, bonuses, per diem, value of meals, value of housing or any other employment benefit that can be fairly calculated to a monetary value expressed in an average monthly amount.

NRS 617.453 Cancer as occupational disease of firefighters.

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 as:
(I) A firefighter for the benefit or safety of the public;
(II) An investigator of fires or arson; or
(III) An instructor or officer for the provision of training concerning fire or hazardous materials; or
(2) Acting as a volunteer firefighter 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) The person was exposed, while in the course of the employment, to a known carcinogen , or a substance reasonably anticipated to be a human 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 as a firefighter, investigator, instructor or officer described in subparagraph (1) of paragraph (a) of subsection 1, or has acted as a volunteer firefighter in this State as described in subparagraph (2) of paragraph (a) of subsection 1, 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) Asbestos, benzene, diesel exhaust and soot, digoxin, ethylene oxide, polychlorinated biphenyls and polycyclic aromatic hydrocarbon shall be deemed to be known carcinogens that are reasonably associated with breast cancer.
(d) Diesel exhaust and formaldehyde shall be deemed to be known carcinogens that are reasonably associated with colon cancer.
(e) Diesel exhaust and soot, formaldehyde and polycyclic aromatic hydrocarbon shall be deemed to be known carcinogens that are reasonably associated with esophageal cancer.
(f) Formaldehyde shall be deemed to be a known carcinogen that is reasonably associated with Hodgkin’s lymphoma.
(g) Formaldehyde and polycyclic aromatic hydrocarbon shall be deemed to be known carcinogens that are reasonably associated with kidney cancer.
(h) Benzene, diesel exhaust and soot, formaldehyde, 1,3-butadiene and polycyclic aromatic hydrocarbon shall be deemed to be known carcinogens that are reasonably associated with leukemia.
(i) Chloroform, soot and vinyl chloride shall be deemed to be known carcinogens that are reasonably associated with liver cancer.
(j) Arsenic, asbestos, cadmium, chromium compounds, oils, polycyclic aromatic hydrocarbon, radon, silica, soot and tars shall be deemed to be known carcinogens that are reasonably associated with lung cancer.
(k) 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.
(l) Diesel exhaust, soot, aldehydes and polycyclic aromatic hydrocarbon shall be deemed to be known carcinogens that are reasonably associated with basal cell carcinoma, squamous cell carcinoma and malignant melanoma.
(m) Benzene, dioxins and glyphosate shall be deemed to be known carcinogens that are reasonably associated with multiple myeloma.
(n) Arsenic, asbestos, benzene, diesel exhaust and soot, formaldehyde and hydrogen chloride shall be deemed to be known carcinogens that are reasonably associated with nasopharyngeal cancer, including laryngeal cancer and pharyngeal cancer.
(o) Benzene, chronic hepatitis B and C viruses, formaldehyde and polychlorinated biphenyls shall be deemed to be known carcinogens that are reasonably associated with non-Hodgkin’s lymphoma.
(p) Asbestos, benzene and formaldehyde shall be deemed to be known carcinogens that are reasonably associated with ovarian cancer.
(q) Polycyclic aromatic hydrocarbon shall be deemed to be a known carcinogen that is reasonably associated with pancreatic cancer.
(r) Acrylonitrile, benzene and formaldehyde shall be deemed to be known carcinogens that are reasonably associated with prostate cancer.
(s) Diesel exhaust and soot, formaldehyde and polycyclic aromatic hydrocarbon shall be deemed to be known carcinogens that are reasonably associated with rectal cancer.
(t) Chlorophenols, chlorophenoxy herbicides and polychlorinated biphenyls shall be deemed to be known carcinogens that are reasonably associated with soft tissue sarcoma.
(u) Diesel exhaust and soot, formaldehyde and polycyclic aromatic hydrocarbon shall be deemed to be known carcinogens that are reasonably associated with stomach cancer.
(v) Diesel exhaust, soot and polychlorinated biphenyls shall be deemed to be known carcinogens that are reasonably associated with testicular cancer.
(w) Diesel exhaust, benzene and X-ray radiation shall be deemed to be known carcinogens that are reasonably associated with thyroid cancer.
(x) Diesel exhaust and soot, formaldehyde and polycyclic aromatic hydrocarbon shall be deemed to be known carcinogens that are reasonably associated with urinary tract cancer and ureteral cancer.
(y) Benzene and polycyclic aromatic hydrocarbon shall be deemed to be known carcinogens that are reasonably associated with uterine 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 or is reasonably anticipated to be a human carcinogen, including an agent classified by the International Agency for Research on Cancer in Group 1 or Group 2A, that is reasonably associated with a disabling cancer.
4. Except as otherwise provided in subsection 10, 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. For a person who has been employed in this State as a firefighter, investigator, instructor or officer described in subparagraph (1) of paragraph (a) of subsection 1, or has acted as a volunteer firefighter in this State as described in subparagraph (2) of paragraph (a) of subsection 1, disabling cancer is rebuttably presumed to have arisen out of and in the course of the employment of the person if the disease is diagnosed during the course of the person’s employment described in paragraph (a) of subsection 1.
6. For a person who has been employed in this State as a firefighter, investigator, instructor or officer described in subparagraph (1) of paragraph (a) of subsection 1 and who retires before July 1, 2019, or has acted as a volunteer firefighter in this State as described in subparagraph (2) of paragraph (a) of subsection 1, regardless of the date on which the volunteer firefighter retires, disabling cancer is rebuttably presumed to have arisen out of and in the course of the person’s employment pursuant to this subsection. 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.
7. For a person who has been employed in this State as a firefighter, investigator, instructor or officer described in subparagraph (1) of paragraph (a) of subsection 1 and who retires on or after July 1, 2019, disabling cancer is rebuttably presumed to have arisen out of and in the course of the person’s employment pursuant to this subsection. This rebuttable presumption applies to disabling cancer diagnosed:
(a) If the person ceases employment before completing 20 years of service as a firefighter, investigator, instructor or officer, during the period after separation from employment which is equal to the number of years worked; or
(b) If the person ceases employment after completing 20 years or more of service as a firefighter, investigator, instructor or officer, at any time during the person’s life.
8. Service credit which is purchased in a retirement system must not be used to calculate the number of years of service or employment of a person for the purposes of this section.
9. A rebuttable presumption created by subsection 5, 6 or 7 must control the awarding of benefits pursuant to this section unless evidence to rebut the presumption is presented. The provisions of subsections 5, 6 and 7 do not create a conclusive presumption.
10. A person who files a claim for a disabling cancer pursuant to subsection 7 after he or she retires from employment as a firefighter, investigator of fires or arson, or instructor or officer for the provision of training concerning fire or hazardous materials is not entitled to receive any compensation for that disease other than medical benefits.

Effective on July 1, 2019.

NRS 617.455 Lung diseases as occupational diseases of firefighters 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 firefighter 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; or
(c) Employed in a full-time salaried occupation as a police officer in this State.
2.Except as otherwise 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 firefighter.
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 firefighter 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 firefighter or police officer, 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 firefighters 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 firefighter 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 firefighter 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 firefighter 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 firefighter 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 firefighter 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.