Nevada OCCUPATIONAL DISEASES

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CHAPTER 617 - OCCUPATIONAL DISEASES

NRS 617.010 Short title. This chapter shall be known as the Nevada Occupational Diseases Act

[1:44:1947; 1943 NCL § 2800.01]

NRS 617.015 Rights and liabilities of employers and employees. Every employee and the dependent or dependents of such employee and the employer or employers of such employee shall be entitled to all the applicable rights, benefits and immunities and shall be subject to all the applicable liabilities and regulations provided for injured employees and their employers by chapters 616A to 616D, inclusive, of NRS unless otherwise provided in this chapter.

[Part 41:44:1947; 1943 NCL § 2800.41]—(Substituted in revision for NRS 617.240)

NRS 617.017 Rights and remedies exclusive; provisions of chapter conclusive and obligatory; exclusive remedy extends to architects and engineers working for contractor; compensation bars recovery in other states.

1. The rights and remedies provided in this chapter on account of an occupational disease sustained by an employee, arising out of and in the course of the employment, are exclusive, except as otherwise provided in this chapter, of all other rights and remedies of the employee, his personal or legal representative, dependents or next of kin, at common law or otherwise, on account of the disease.

2. The terms, conditions and provisions of this chapter for the payment of compensation and the amount thereof for such diseases sustained or death resulting from such diseases are conclusive, compulsory and obligatory upon both employers and employees coming within the provisions of this chapter.

3. The exclusive remedy provided by this section to a principal contractor extends, with respect to any occupational disease sustained by an employee of any contractor in the performance of the contract, to every architect or engineer who performs services for the contractor or any such beneficially interested persons.

4. If an employee receives any compensation or medical benefits under this chapter, the acceptance of the compensation or benefits is in lieu of any other compensation, award or recovery against his employer under the laws of any other state or jurisdiction and the employee is barred from commencing any action or proceeding for the enforcement or collection of any benefits or award under the laws of any other state or jurisdiction.

[19:44:1947; 1943 NCL § 2800.19]—(NRS A 1983, 456)—(Substituted in revision for NRS 617.270)

NRS 617.020 Definitions. Unless a different meaning is clearly indicated by the context, the definitions set forth in NRS 617.030 to 617.150, inclusive, and the definitions set forth in chapter 616A of NRS for additional terms and phrases govern the construction and meaning of the terms and phrases used in this chapter.

[3:44:1947; 1943 NCL § 2800.03] + [4:44:1947; 1943 NCL § 2800.04]—(NRS A 1975, 650; 1977, 188; 1987, 589)

NRS 617.030 “Casual” defined. “Casual” refers only to employments where the work contemplated is to be completed in 20 working days or parts thereof in a calendar quarter, without regard to the number of persons employed, and where the total labor cost of the work is less than $500.

[Part 11:44:1947; 1943 NCL § 2800.11]—(NRS A 1981, 716; 1987, 923)

NRS 617.050 “Compensation” defined. “Compensation” means the money which is payable to an employee or to his dependents as provided for in this chapter, and includes benefits for funerals, medical benefits and money for rehabilitative services.

[7:44:1947; 1943 NCL § 2800.07]—(NRS A 1987, 923)

NRS 617.060 “Disablement” and “total disablement” defined. “Disablement” and “total disablement” are used interchangeably in this chapter and mean the event of becoming physically incapacitated by reason of an occupational disease arising out of and in the course of employment as defined in this chapter from engaging, for remuneration or profit, in any occupation for which he is or becomes reasonably fitted by education, training or experience.

[Part 27:44:1947; 1943 NCL § 2800.27]—(NRS A 1973, 367; 1981, 716)

NRS 617.065 “Disease related to asbestos” defined. “Disease related to asbestos” means any disease caused by the inhalation of the fibers of asbestos, including but not limited to:

1. Interstitial pulmonary fibrosis;

2. Mesothelioma; and

3. Bronchogenic, laryngeal, lymphatic or gastrointestinal carcinoma.

(Added to NRS by 1987, 589)

NRS 617.070 “Employee” and “workman” defined. “Employee” and “workman” are used interchangeably in this chapter and mean every person in the service of an employer under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed, and include, but not exclusively:

1. Aliens and minors.

2. All elected and appointed paid public officers.

3. Members of boards of directors of quasi-public or private corporations while rendering actual service for such corporations for pay.

4. Volunteer firemen entitled to the benefits of chapters 616A to 616D, inclusive, of NRS pursuant to the provisions of NRS 616A.145.

5. Musicians providing music for hire, including members of local supporting bands and orchestras commonly known as house bands.

[10:44:1947; 1943 NCL § 2800.10]—(NRS A 1965, 368; 1967, 1370; 1975, 621, 1021; 1979, 949; 1987, 600) NRS 617.080 “Employee”: Persons excluded. “Employee” excludes:

1. Any person whose employment is both casual and not in the course of the trade, business, profession or occupation of his employer.

2. Any person engaged in household domestic service, farm, dairy, agricultural or horticultural labor, or in stock or poultry raising, except as otherwise provided in this chapter.

3. Any person engaged as a theatrical or stage performer or in an exhibition.

4. Musicians when their services are merely casual in nature and not lasting more than 2 consecutive days, and not recurring for the same employer, as in wedding receptions, private parties and similar miscellaneous engagements.

5. Any person performing services as a voluntary ski patrolman who receives no compensation for his services other than meals, lodging or use of the ski tow or lift facilities.

6. Any person who:

(a) Directly sells or solicits the sale of products, in person or by telephone:

(1) On the basis of a deposit, commission, purchase for resale or similar arrangement specified by the administrator of the division of industrial relations of the department of business and industry by regulation, if the products are to be resold to another person in his home or place other than a retail store; or

(2) To another person from his home or place other than a retail store;

(b) Receives compensation or remuneration based on sales to customers rather than for the number of hours that he works; and

(c) Performs pursuant to a written agreement with the person for whom the services are performed which provides that he is not an employee for the purposes of this chapter.

[Part 11:44:1947; 1943 NCL § 2800.11]—(NRS A 1975, 1021; 1979, 950; 1981, 716; 1997, 163)

NRS 617.091 “Employee”: Lessees engaged in mining or operating a reduction plant. Except as provided in subsection 2 of NRS 617.250, a lessee engaged in either mining or operating a reduction plant shall be deemed to be:

1. An employee of the lessor; and

2. For the purposes of this chapter, employed at the average wage paid to a miner employed regularly in the same locality.

(Added to NRS by 1987, 600)

NRS 617.100 “Employee”: Subcontractors and employees.

1. Except as otherwise provided in NRS 617.175, subcontractors, independent contractors and the employees of either shall be deemed to be employees of the principal contractor for the purposes of this chapter.

2. This section does not affect the relationship between a principal contractor and a subcontractor or independent contractor for any purpose outside the scope of this chapter.

[16:44:1947:1943 NCL § 2800.16]—(NRS A 1981, 716; 1991, 2430)

NRS 617.105 “Employee”: Real estate licensees. Any real estate licensee doing business in this state and receiving wages, commissions or other compensation based upon sales shall be deemed for the purpose of this chapter to earn wages of $1,500 per month.

(Added to NRS by 1977, 928; A 1999, 1731)

NRS 617.110 “Employer” defined. “Employer” means:

1. The state and each county, city, school district, and all public and quasi-public corporations therein, without regard to the number of persons employed.

2. Every person, firm, voluntary association, and private corporation, including any public service corporation, which has in service any employee under a contract of hire.

3. The legal representative of any deceased employer.

4. The Nevada rural housing authority.

[Part 9:44:1947; A 1949, 365; 1951, 372]—(NRS A 1975, 1022; 1981, 716; 1995, 819)

NRS 617.120 “Independent contractor” defined. “Independent contractor” means any person who renders service for a specified recompense for a specified result, under the control of his principal as to the result of his work only and not as to the means by which such result is accomplished.

[12:44:1947; 1943 NCL § 2800.12]

NRS 617.130 “Medical benefits” defined.

1. “Medical benefits” means medical, surgical, hospital or other treatments, nursing, medicine, medical and surgical supplies, crutches and apparatus, including prosthetic devices.

2. The term does not include:

(a) Exercise equipment, a hot tub or a spa for an employee’s home;

(b) Membership in an athletic or health club;

(d) The costs of operating a motor vehicle provided pursuant to NRS 617.385, fees related to the operation or licensing of the motor vehicle or insurance for the motor vehicle.

[8:44:1947; 1943 NCL § 2800.08]—(NRS A 1993, 765)

NRS 617.135 “Police officer” defined. “Police officer” includes:

1. A sheriff, deputy sheriff, officer of a metropolitan police department or city policeman;

2. A chief, inspector, supervisor, commercial officer or trooper of the Nevada highway patrol;

3. A chief, investigator or agent of the investigation division of the department of motor vehicles and public safety;

4. An officer or investigator of the section for the control of emissions from vehicles of the motor vehicles branch of the department of motor vehicles and public safety;

5. An investigator of the division of compliance enforcement of the motor vehicles branch of the department of motor vehicles and public safety;

6. A member of the police department of the University and Community College System of Nevada;

7. A:

(a) Uniformed employee of; or

(b) Forensic specialist employed by, the department of prisons whose position requires regular and frequent contact with the offenders imprisoned and subjects the employee to recall in emergencies;

8. A parole and probation officer of the division of parole and probation of the department of motor vehicles and public safety; and

9. A forensic specialist or correctional officer employed by the division of mental health and development services of the department of human resources at facilities for mentally disordered offenders.

(Added to NRS by 1981, 850; A 1983, 730, 1244; 1985, 1081, 1997; 1991, 1702; 1993, 417, 550, 1876; 1995, 322, 579; 1999, 116, 3594)

NRS 617.140 “Silicosis” defined. “Silicosis” shall mean a disease of the lungs caused by breathing silica dust (silicon dioxide) producing fibrous nodules, distributed through the lungs and demonstrated by X-ray examination or by autopsy.

[Part 26:44:1947; A 1949, 365; 1953, 297]

NRS 617.145 “Sole proprietor” defined. “Sole proprietor” means a self-employed owner of an unincorporated business who has been domiciled in the State of Nevada for at least 6 months immediately prior to filing for coverage and includes working partners and members of working associations. Coverage remains in effect only if the sole proprietor remains a domiciliary of Nevada.

(Added to NRS by 1975, 1020; A 1981, 717)

NRS 617.150 “Subcontractors” defined. “Subcontractors” shall include independent contractors.

[15:44:1947; 1943 NCL § 2800.15]

ADMINISTRATION

NRS 617.160 Division of industrial relations to administer chapter. This chapter must be administered by the division of industrial relations of the department of business and industry in the same manner as provided for in chapters 616A to 616D, inclusive, of NRS.

[2:44:1947; 1943 NCL § 2800.02] + [Part 39:44:1947; A 1951, 372]—(NRS A 1973, 1597; 1981, 1499; 1993, 1876)

NRS 617.165 Procedures for determination of contested cases. The chief of the hearings division of the department of administration may by regulation provide for specific procedures for the determination of contested cases not inconsistent with this chapter.

(Added to NRS by 1973, 1596; A 1975, 764; 1977, 1390; 1981, 1140)

PREMIUMS AND ACCOUNTS

NRS 617.1655 Application of rating system by manager. Expired by limitation. (See chapter 580, Statutes of Nevada 1995, at page 2060.)

NRS 617.166 Ratings based on experience: Total disability or death resulting from silicosis or diseases related to asbestos. Expired by limitation. (See chapter 580, Statutes of Nevada 1995, at page 2060.)

NRS 617.1665 Payment of premiums by employers insured by private carrier. Every employer insured by a private carrier, to receive the benefits of this chapter and to provide and secure compensation for his employees, shall pay premiums according to the classification and rules filed by the advisory organization, and the rates filed by the insurers, with the commissioner.

[Part 33:44:1947; 1943 NCL § 2800.33]—(NRS A 1979, 1061; 1981, 1502; 1983, 1308; 1995, 2035; 1999, 1802)

NRS 617.167 Occupational diseases account. Repealed. (See chapter 388, Statutes of Nevada 1999, at page 1836.)

NRS 617.1675 Account for pensions for silicosis, diseases related to asbestos and other disabilities: Creation; interest and income; administration.

1. There is hereby created in the state general fund the account for pensions for silicosis, diseases related to asbestos and other disabilities. The account consists of money appropriated to the account by the legislature and interest and income earned pursuant to subsection 2.

2. The interest and income earned on money in the account, after deducting any applicable charges, must be credited to the account.

3. The account must be administered by the state treasurer. The money in the account may be expended only for the purposes set forth in NRS 617.168 and none of the money in the account may be expended for administrative purposes. The expenditures must be made on claims approved by the insurer and paid as other claims against the state are paid.

(Added to NRS by 1975, 821; A 1981, 1502; 1983, 1589; 1985, 723; 1987, 590; 1991, 1802; 1999, 1802)

NRS 617.168 Account for pensions for silicosis, diseases related to asbestos and other disabilities: Uses and purposes; reversion.

1. The money in the account for pensions for silicosis, diseases related to asbestos and other disabilities must be expended to provide:

(a) The continuing benefits described in subsection 6 of NRS 617.460;

(b) The increased benefits for permanent total disability described in NRS 616C.455; and

2. Upon receiving a monthly statement showing the amount of benefits to be paid for the month to the persons entitled thereto pursuant to subsection 1, the state treasurer shall pay an amount equal to that shown on the statement from the account to the insurer.

3. At such time as all claimants, their dependents, widows, widowers, surviving children or surviving parent who are provided benefits or increased benefits pursuant to the provisions of subsection 1 are no longer eligible for those benefits, the balance of the account must revert to the state general fund.

(Added to NRS by 1975, 822; A 1981, 1502; 1985, 723; 1987, 590; 1991, 1802; 1999, 1802)

LIABILITY FOR PROVISION OF COVERAGE

Applicability

NRS 617.170 No liability created for disability or death occurring before July 1, 1947. Nothing in this chapter shall create any liability on the part of any employer where disability or death occurred prior to July 1, 1947.

[40:44:1947; 1943 NCL § 2800.40]

NRS 617.175 Independent enterprises.

1. A person is not an employer for the purposes of this chapter if:

(a) He enters into a contract with another person or business which is an independent enterprise; and

(b) He is not in the same trade, business, profession or occupation as the independent enterprise.

2. As used in this section, “independent enterprise” means a person who holds himself out as being engaged in a separate business and:

(a) Holds a business or occupational license in his own name; or

(b) Owns, rents or leases property used in furtherance of his business.

3. The provisions of this section do not apply to a principal contractor who is licensed pursuant to chapter 624 of NRS.

(Added to NRS by 1991, 2429)—(Substituted in revision for NRS 617.155)

NRS 617.190 Devices modifying liability void.

1. Except as otherwise provided for in this chapter, no contract of employment, insurance, relief benefit, indemnity, or any other device, shall modify, change or waive any liability created by this chapter.

2. A contract of employment, insurance, relief benefit, indemnity, or other device having for its purpose the waiver or modification of the terms of liability created by this chapter shall be void.

[24:44:1947; A 1951, 372]

NRS 617.200 Employers to provide compensation; employer and insurer relieved from liability.

1. Every employer within the provisions of this chapter, and those employers who accept the terms of this chapter and are governed by its provisions, shall provide and secure compensation according to the terms, conditions and provisions of this chapter for all occupational diseases contracted by an employee arising out of and in the course of the employment.

2. In such cases the employer or any insurer of the employer is relieved from other liability for recovery of damages or other compensation for those occupational diseases, unless otherwise provided by the terms of this chapter.

[Part 18:44:1947; A 1949, 365; 1953, 297]—(NRS A 1995, 2035)

NRS 617.203 Limitation of liability of principal contractor for occupational disease contracted by independent contractor or employee of independent contractor. A principal contractor is not liable for the payment of compensation for any occupational disease contracted by any independent contractor or any employee of an independent contractor if:

1. The contract between the principal contractor and the independent contractor is in writing and the contract provides that the independent contractor agrees to maintain coverage for industrial insurance pursuant to this chapter;

2. Proof of such coverage is provided to the principal contractor;

3. The principal contractor is not engaged in any construction project; and

4. The independent contractor is not in the same trade, business, profession or occupation as the principal contractor.

(Added to NRS by 1991, 2429)

NRS 617.205 Self-insured employers to provide compensation; contributions not required; administration of claims; compliance with NRS 616B.300.

1. An employer who is certified as a self-insured employer directly assumes the responsibility for providing compensation due his employees and their beneficiaries under this chapter.

2. A self-insured employer is not required to pay the contributions required of other employers by NRS 617.1665.

3. The claims of employees and their beneficiaries resulting from occupational diseases while in the employment of self-insured employers must be handled in the manner provided by this chapter, and the self-insured employer is subject to the regulations of the division with respect thereto.

4. The security deposited pursuant to NRS 616B.300 does not relieve the employer from responsibility for the administration of claims and payment of compensation under this chapter.

5. A self-insured employer qualifying under the provisions of this chapter must comply with the provisions of NRS 616B.300.

(Added to NRS by 1979, 1061; A 1981, 1499; 1993, 1876)

NRS 617.206 Effect of certification as association of self-insured public or private employers; responsibilities of association.

1. An association that is certified as an association of self-insured public or private employers directly assumes the responsibility for providing compensation due the employees of the members of the association and their beneficiaries under this chapter.

2. An association is not required to pay the contributions required of employers by NRS 617.1665.

3. The claims of employees and their beneficiaries resulting from occupational diseases while in the employment of a member of an association must be handled in the manner provided by this chapter, and the association is subject to the regulations of the department with respect thereto.

4. The security deposited pursuant to NRS 616B.353 does not relieve the association from responsibility for the administration of claims and payment of compensation under this chapter.

5. An association of self-insured public or private employers qualifying under the provisions of this chapter must comply with the provisions of NRS 616B.353.

(Added to NRS by 1993, 762)

NRS 617.207 Applicability to officers of quasi-public and private corporations and managers of limited-liability companies; rejection of coverage by certain officers and managers.

1. If a quasi-public or private corporation or limited-liability company is required to be insured pursuant to this chapter, an officer of the corporation or a manager of the company who:

(a) Receives pay for service performed shall be deemed for the purposes of this chapter to receive a minimum pay of $6,000 per year the policy of industrial insurance for the employer is effective and a maximum pay of $36,000 per year the policy of industrial insurance if effective.

(b) Does not receive pay for services performed shall be deemed for the purposes of this chapter to receive a minimum pay of $500 per month or $6,000 per year the policy of industrial insurance is effective.

2. An officer or manager who does not receive pay for services performed may elect to reject coverage by filing written notice thereof with the corporation or company and the insurer. The rejection is effective upon receipt of the notice by the insurer.

3. An officer or manager who has rejected coverage may rescind that rejection by filing written notice thereof with the corporation or company and the insurer. The rescission is effective upon receipt of the notice by the insurer.

(Added to NRS by 1987, 599; A 1993, 44; 1997, 1445, 1500; 1999, 455, 1732)

NRS 617.210 Contractors with state and political subdivisions to comply; contractual agreement for coverage. Before any person, firm or corporation commences work under any contract with the state or any political subdivision thereof, the contractor shall furnish to the state agency, political subdivision or metropolitan police department having charge of the letting of the contract a certificate of the insurer certifying that the contractor has complied with the provisions of this chapter. A political subdivision shall not furnish coverage under this chapter for a contractor except as otherwise agreed in the contract.

[20:44:1947; 1943 NCL § 2800.20]—(NRS A 1981, 1500; 1985, 665; 1993, 550)

NRS 617.215 Actions at law. If any employer fails to provide and secure compensation under this chapter, any employee contracting an occupational disease as provided in this chapter, or, in case of death, his dependents, may bring an action at law against the employer for damages as if this chapter did not apply.

[22:44:1947; A 1949, 365; 1953, 297]—(NRS A 1967, 637; 1977, 237; 1991, 2432)—(Substituted in revision for NRS 617.490)

Election of Coverage

NRS 617.220 Applicability to employers of excluded persons. Employers whose employees are excluded by NRS 617.080 may elect to cover such employees under the provisions of this chapter by notifying the insurer and the administrator in writing. The notification subjects an employer to the provisions of this chapter until he submits to the insurer and the administrator a notice in writing that he withdraws his election.

[Part 9:44:1947; A 1949, 365; 1951, 372]—(NRS A 1975, 1022; 1981, 1500; 1987, 655)

NRS 617.225 Election by sole proprietor; physical examination; payment of premiums; effect of failure to pay premiums; withdrawal of election.

1. A sole proprietor may elect to be included within the terms, conditions and provisions of this chapter to secure for himself compensation equivalent to that to which an employee is entitled for any occupational disease contracted by the sole proprietor which arises out of and in the course of his self-employment by filing a written notice of election with the administrator and a private carrier.

2. A sole proprietor who elects to accept the terms, conditions and provisions of this chapter shall submit to a physical examination by a physician selected by the private carrier before the commencement of coverage and on a yearly basis thereafter. The private carrier shall prescribe the scope of the examination and shall consider it for rating purposes. The cost of the physical examination must be paid by the sole proprietor.

3. A sole proprietor who elects to submit to the provisions of this chapter shall pay to the private carrier premiums in such manner and amounts as may be prescribed by the regulations of the commissioner.

4. If a sole proprietor fails to pay all premiums required by the regulations of the commissioner, the failure operates as a rejection of this chapter.

5. A sole proprietor who elects to be included under the provisions of this chapter remains subject to all terms, conditions and provisions of this chapter and all regulations of the commissioner until he files a written notice with the private carrier and the administrator that he withdraws his election.

6. For purposes of this chapter, a sole proprietor shall be deemed to be an employee receiving a wage of $300 per month.

(Added to NRS by 1975, 1020; A 1981, 1500; 1993, 1877; 1995, 2034; 1999, 1803)

NRS 617.250 Reporting of lessees engaged in mining or operating reduction plant.

1. A lessee engaged in either mining or operating a reduction plant, whose employer is within the provisions of this chapter, must be reported by the employer separately from persons employed at a daily wage, and the report must describe briefly:

(a) The agreement under which the work is to be performed;

(b) The aggregate number of shifts worked during the preceding month; and

(c) The total amount earned by lessees, computed on the average daily wages of workmen engaged in like work in the same locality.

Otherwise, the payroll reports and premium payments on earnings of lessees described in this section are governed by the requirements of this chapter regarding employees engaged at a regular wage.

2. If such a lessee files with the administrator and the insurer an acceptance of the provisions of this chapter and, if applicable, pays the premiums in advance upon the estimated earnings of himself and any workmen he may employ, the lessor is relieved of this obligation.

[14:44:1947; 1943 NCL § 2800.14]—(NRS A 1967, 1370; 1975, 621, 1022; 1977, 236; 1981, 1500; 1987, 600; 1995, 2035)

REPORTS OF OCCUPATIONAL DISEASES AND CLAIMS FOR COMPENSATION

NRS 617.342 Notice of occupational disease: Requirements; availability of form; retention.

1. An employee or, in the event of the employee’s death, one of his dependents, shall provide written notice of an occupational disease for which compensation is payable under this chapter to the employer of the employee as soon as practicable, but within 7 days after the employee or dependent has knowledge of the disability and its relationship to the employee’s employment.

2. The notice required by subsection 1 must:

(a) Be on a form prescribed by the administrator. The form must allow the employee or his dependent to describe briefly the circumstances which caused the disease or death.

(b) Be signed by the employee or by a person on his behalf, or in the event of the employee’s death, by one of his dependents or by a person acting on behalf of the dependent.

(d) Be prepared in duplicate so that the employee or his dependent and the employer can retain a copy of the notice.

3. Upon receipt of the notice required by subsection 1, the employer, the employee’s supervisor or the agent of the employer who was in charge of the type of work performed by the employee shall sign the notice. The signature of the employer, the supervisor or the employer’s agent is an acknowledgment of the receipt of the notice and shall not be deemed to be a waiver of any of the employer’s defenses or rights.

4. An employer shall maintain a sufficient supply of the forms required to file the notice required by subsection 1 for use by his employees.

5. An employer shall retain any notice provided pursuant to subsection 1 for 3 years after the date of the receipt of the notice. An employer insured by a private carrier shall not file a notice of injury with the private carrier.

(Added to NRS by 1993, 762; A 1995, 2161; 1997, 1445; 1999, 1803)

NRS 617.344 Claim for compensation: Requirements for diseased employee, his dependent or his representative to file claim; form.

1. Except as otherwise provided in subsection 2, an employee who has incurred an occupational disease, or a person acting on his behalf, shall file a claim for compensation with the insurer within 90 days after the employee has knowledge of the disability and its relationship to his employment.

2. In the event of the death of the employee resulting from the occupational disease, a dependent of the employee, or a person acting on his behalf, shall file a claim for compensation with the insurer within 1 year after the death of the employee.

3. The claim for compensation must be filed on a form prescribed by the administrator.

(Added to NRS by 1993, 763)

NRS 617.345 Handling of claims by private carrier subject to provisions of chapter; employer and private carrier subject to regulations of division. The claims of employees and their dependents resulting from injuries while in the employment of employers insured by a private carrier must be handled in the manner provided in this chapter, and the employer and the private carrier are subject to the regulations of the division with respect thereto.

(Added to NRS by 1995, 2034)

NRS 617.346 Recovery of compensation barred if notice of occupational disease or claim for compensation is not filed; exceptions.

1. Except as otherwise provided in subsection 2, an employee or, in the event of the death of the employee, his dependent, is barred from recovering compensation pursuant to the provisions of this chapter if he fails to file a notice of an occupational disease pursuant to NRS 617.342 or a claim for compensation pursuant to NRS 617.344.

2. An insurer may excuse the failure to file a notice of an occupational disease or claim for compensation pursuant to the provisions of this section if:

(a) The employee’s disease or another cause beyond his control prevented him from providing the notice or the claim;

(b) The failure was caused by the employee’s or dependent’s mistake or ignorance of fact or of law;

(d) The failure was caused by fraud, misrepresentation or deceit.

(Added to NRS by 1993, 763)

NRS 617.348 Dependent of employee barred from filing claim for compensation if untimely or previously denied. A dependent of an employee may not file a claim for compensation for an occupational disease pursuant to the provisions of this chapter if:

1. The time for filing the claim has expired pursuant to NRS 617.346; or

2. The employee or another dependent filed a claim for compensation for that occupational disease, the claim was denied and the denial has become final pursuant to the regulations adopted pursuant to NRS 617.165 or in an action for judicial review filed pursuant to NRS 617.405.

(Added to NRS by 1993, 762)

NRS 617.352 Claim for compensation: Duty of treating physician or chiropractor to file; electronic filing; form and contents; duty to maintain supply of forms; penalty.

1. A treating physician or chiropractor shall, within 3 working days after he first treats an employee who has incurred an occupational disease, complete and file with the employer of the employee and the employer’s insurer, a claim for compensation. If the employer is a self-insured employer, the treating physician or chiropractor shall file the claim for compensation with the employer’s third-party administrator. If the physician or chiropractor files the claim for compensation by electronic transmission, he shall, upon request, mail to the insurer or third-party administrator the form that contains the original signatures of the employee and the physician or chiropractor. The form must be mailed within 7 days after receiving such a request.

2. A claim for compensation required by subsection 1 must be on a form prescribed by the administrator.

3. If a claim for compensation is accompanied by a certificate of disability, the certificate must include a description of any limitation or restrictions on the employee’s ability to work.

4. Each physician, chiropractor and medical facility that treats employees who have incurred occupational diseases, each insurer, third-party administrator and employer, and the division shall maintain at their offices a sufficient supply of the forms prescribed by the administrator for filing a claim for compensation.

5. The administrator shall impose an administrative fine of not more than $1,000 against a physician or chiropractor for each violation of subsection 1.

(Added to NRS by 1993, 764; A 1995, 649; 1997, 1446)

NRS 617.354 Report of industrial injury or occupational disease: Duty of employer to file; electronic filing; form and contents; penalty.

1. Except as otherwise provided in NRS 616B.727, within 6 working days after the receipt of a claim for compensation from a physician or chiropractor, an employer shall complete and file with his insurer or third-party administrator an employer’s report of industrial injury or occupational disease.

2. The report must:

(a) Be on a form prescribed by the administrator;

(b) Be signed by the employer or his designee;

(d) Be accompanied by a statement of the wages of the employee if the claim for compensation received from the treating physician or chiropractor indicates that the employee is expected to be off work for 5 days or more.

3. An employer who files the report required by subsection 1 by electronic transmission shall, upon request, mail to the insurer or third-party administrator the form that contains the original signature of the employer or his designee. The form must be mailed within 7 days after receiving such a request.

4. The administrator shall impose an administrative fine of not more than $1,000 against an employer for each violation of this section.

(Added to NRS by 1993, 764; A 1997, 1447; 1999, 3147)

NRS 617.356 Duty of insurer to accept or deny responsibility upon receipt of both claims for compensation. An insurer shall accept or deny responsibility for compensation under this chapter within 30 working days after claims for compensation are received pursuant to both NRS 617.344 and 617.352.

(Added to NRS by 1993, 764)

DETERMINATION AND PAYMENT OF BENEFITS

NRS 617.358 Compensation prohibited unless preponderance of evidence establishes that disease arose out of and in course of employment; rebuttable presumption if notice of disease is filed after termination of employment.

1. An employee or his dependents are not entitled to receive compensation pursuant to the provisions of this chapter unless the employee or his dependents establish by a preponderance of the evidence that the employee’s occupational disease arose out of and in the course of his employment.

2. If the employee files a notice of an occupational disease pursuant to NRS 617.342 after his employment has been terminated for any reason, there is a rebuttable presumption that the occupational disease did not arise out of and in the course of his employment.

(Added to NRS by 1993, 764)

NRS 617.362 Payment of compensation by insurer prohibited before required; recovery of overpayment by insurer.

1. An insurer shall not provide compensation to or for an employee or his dependents before the compensation is required to be paid pursuant to the provisions of this chapter.

2. If, within 30 days after a payment is made to an injured employee pursuant to the provisions of this chapter, the insurer determines that it has overpaid the employee as a result of a clerical error in its calculation of the amount of payment or as a result of using improper or incorrect information to determine the employee’s eligibility for compensation or to calculate the amount of payment, the insurer may deduct the amount of the overpayment from future benefits related to that claim to which the employee is entitled, other than medical benefits, if:

(a) The insurer notifies the employee in writing of its determination;

(b) The insurer informs the employee of his right to contest the deduction; and

(c) The employee fails to contest the deduction or does so and upon final resolution of the contested deduction, it is determined that an overpayment was made.

3. Any deductions made pursuant to subsection 2 must be made in a reasonable manner which does not cause undue hardship to the employee.

(Added to NRS by 1993, 761)

NRS 617.364 Newly developed injury or disease: Inclusion in original claim for compensation; limitation. If, after a claim for compensation is filed pursuant to NRS 617.344:

1. The employee seeks treatment from a physician or chiropractor for a newly developed injury or disease; and

2. The employee’s medical records for the occupational disease reported do not include a reference to the injury or disease for which treatment is being sought,

the injury or disease for which treatment is being sought must not be considered part of the employee’s original claim for compensation unless the physician or chiropractor establishes by medical evidence a causal relationship between the injury and disease for which treatment is being sought and the occupational disease reported pursuant to NRS 617.344.

(Added to NRS by 1993, 761)

NRS 617.366 Employment-related aggravation of preexisting condition which is not employment related; aggravation of employment-related occupational disease by incident which is not employment related.

1. The resulting condition of an employee who:

(a) Has a preexisting condition from a cause or origin that did not arise out of and in the course of his current or past employment; and

(b) Subsequently contracts an occupational disease which aggravates, precipitates or accelerates his preexisting condition, shall be deemed to be an occupational disease that is compensable pursuant to the provisions of chapters 616A to 617, inclusive, of NRS, unless the insurer can prove by a preponderance of the evidence that the occupational disease is not a substantial contributing cause of the resulting condition.

2. The resulting condition of an employee who:

(a) Contracts an occupational disease; and

(b) Subsequently aggravates, precipitates or accelerates the occupational disease in a manner that does not arise out of and in the course of his employment, shall be deemed to be an occupational disease that is compensable pursuant to the provisions of chapters 616A to 617, inclusive, of NRS, unless the insurer can prove by a preponderance of the evidence that the occupational disease is not a substantial contributing cause of the resulting condition.

(Added to NRS by 1993, 762; A 1995, 2162; 1999, 1804)

NRS 617.370 Medical examination; refusal to submit; testimony of physician.

1. Any employee who is entitled to receive compensation under this chapter shall, if:

(a) Requested by the insurer; or

(b) Ordered by an appeals officer, or a hearing officer, submit himself for medical examination at a time and from time to time at a place reasonably convenient for the employee, and as may be provided by the regulations of the division.

2. If the insurer has reasonable cause to believe that an injured employee who is receiving compensation for a permanent total disability is no longer disabled, the insurer may request the employee to submit to an annual medical examination to determine whether the disability still exists. The insurer shall pay the costs of the examination.

3. The request or order for an examination must fix a time and place therefor, due regard being had to the nature of the medical examination, the convenience of the employee, his physical condition and ability to attend at the time and place fixed.

4. The employee is entitled to have a physician, provided and paid for by him, present at any such examination.

5. If the employee refuses to submit to an examination ordered or requested pursuant to subsection 1 or 2 or obstructs the examination, his right to compensation is suspended until the examination has taken place, and no compensation is payable during or for the period of suspension.

6. Any physician who makes or is present at any such examination may be required to testify as to the result thereof.

[36:44:1947; 1943 NCL § 2800.36]—(NRS A 1975, 764; 1977, 316; 1981, 1172, 1504; 1983, 457; 1993, 767, 1879; 1995, 579)

NRS 617.380 Autopsy: Order by insurer; findings of physician.

1. On the filing of a claim for compensation for death from an occupational disease where in the opinion of the insurer it is necessary to ascertain accurately and scientifically the cause of death, an autopsy may be ordered by the insurer. The autopsy must be made by a person designated by the insurer.

2. The person requesting an autopsy must pay the charge of the physician making it.

3. Any person interested may designate a duly licensed physician to attend the autopsy.

4. The findings of the physician performing the autopsy must be filed with the insurer and is a public record.

5. All proceedings for compensation must be suspended upon refusal of a claimant or claimants to permit an autopsy when so ordered.

6. When an autopsy has been performed pursuant to an order of the insurer, no cause of action may lie against any person for participating in or requesting such autopsy.

[38:44:1947; 1943 NCL § 2800.38]—(NRS A 1981, 1173, 1504)

NRS 617.385 Limitation on receipt of modified motor vehicle as medical benefit.

1. An employee is entitled to receive as a medical benefit a motor vehicle that is modified to allow the employee to operate the vehicle safely if:

(a) As a result of an occupational disease arising out of and in the course of his employment, he is quadriplegic, paraplegic or has had a part of his body amputated; and

(b) He cannot be fitted with a prosthetic device which allows him to operate a motor vehicle safely.

2. If an employee is entitled to receive a motor vehicle pursuant to subsection 1, a motor vehicle must be modified to allow the employee to operate it safely in the following order of preference:

(a) A motor vehicle owned by the employee must be so modified if the insurer or employer providing medical benefits determines that it is reasonably feasible to do so.

(b) A used motor vehicle must be so modified if the insurer or employer providing medical benefits determines that it is reasonably feasible to do so.

(Added to NRS by 1993, 761)

NRS 617.390 Compensation for both injury and disease.

1. Compensation may be awarded for both injury and disease.

2. If an employee claims to be suffering from both an occupational disease and an injury, the insurer shall determine whether the disease or the injury or both, are related to the disability and shall order payment of compensation from the proper funds.

3. Compensation awarded for both injury and disease must not exceed the amount payable for the total percentage of disability.

[30:44:1947; 1943 NCL § 2800.30]—(NRS A 1979, 1063; 1981, 850, 1504)

NRS 617.392 Compensation for combination of injuries, illnesses and disabilities. A person described in this chapter may be determined to be totally disabled and eligible to receive compensation for disability as a result of a combination of injuries, illnesses and disabilities arising out of and in the course of his employment.

(Added to NRS by 1981, 850)

NRS 617.395 Compensation for mastectomy and reconstructive surgery.

1. If compensation is paid to an employee under this chapter for the surgical procedure known as a mastectomy, the employee is also entitled to receive commensurate compensation for at least two prosthetic devices and for reconstructive surgery incident to the mastectomy. Except as otherwise provided in subsection 2, this compensation is subject to the same requirements and conditions that apply to the compensation for the mastectomy.

2. If reconstructive surgery is begun within 3 years after a mastectomy, the amount of the compensation provided for that surgery must equal those amounts provided for at the time of the mastectomy. If the surgery is begun more than 3 years after the mastectomy, the compensation provided is subject to the requirements and conditions that apply at the time of the reconstructive surgery.

3. For the purposes of this section, “reconstructive surgery” means a surgical procedure performed following a mastectomy on one breast or both breasts to reestablish symmetry between the two breasts. The term includes, but is not limited to, augmentation mammoplasty, reduction mammoplasty and mastopexy.

(Added to NRS by 1983, 617; A 1989, 1892)

NRS 617.400 Compensation: Effect of false representation, willful misconduct and self-exposure.

1. No compensation may be awarded on account of disability or death from a disease suffered by an employee who, at the time of entering into the employment from which the disease is claimed to have resulted, knowingly and falsely represented himself as not having previously suffered from the disease.

2. No compensation is payable under this chapter when disability or death is wholly or in part caused by the willful misconduct or willful self-exposure of the employee.

[29:44:1947; 1943 NCL § 2800.29]—(NRS A 1993, 767)

NRS 617.401 Election by employee to receive compensation from uninsured employers’ claim fund in lieu of action against uninsured employer; liability of uninsured employer; powers and duties of division; appeal; penalty.

1. The division shall designate one:

(a) Third-party administrator who has a valid certificate issued by the commissioner pursuant to NRS 683A.085; or

(b) Insurer, other than a self-insured employer or association of self-insured public or private employers, to administer claims against the uninsured employers’ claim fund. The designation must be made pursuant to reasonable competitive bidding procedures established by the administrator.

2. An employee may receive compensation from the uninsured employers’ claim fund if:

(a) He was hired in this state or he is regularly employed in this state;

(b) He contracts an occupational disease as a result of work performed in this state;

(d) He makes an irrevocable assignment to the division of a right to be subrogated to the rights of the employee pursuant to NRS 616C.215.

3. If the division receives a claim pursuant to subsection 2, the division shall immediately notify the employer of the claim.

4. For the purposes of this section, the employer has the burden of proving that he provided mandatory coverage for occupational diseases for the employee or that he was not required to maintain industrial insurance for the employee.

5. Any employer who has failed to provide mandatory coverage required by the provisions of this chapter is liable for all payments made on his behalf, including, but not limited to, any benefits, administrative costs or attorney’s fees paid from the uninsured employers’ claim fund or incurred by the division.

6. The division:

(a) May recover from the employer the payments made by the division that are described in subsection 5 and any accrued interest by bringing a civil action in district court.

(b) In any civil action brought against the employer, is not required to prove that negligent conduct by the employer was the cause of the occupational disease.

(d) In lieu of a civil action, may enter into an agreement or settlement regarding the collection of any liability of an uninsured employer.

7. The division shall:

(a) Determine whether the employer was insured within 30 days after receiving the claim from the employee.

(b) Assign the claim to the third-party administrator or insurer designated pursuant to subsection 1 for administration and payment of compensation. Upon determining whether the claim is accepted or denied, the designated third-party administrator or insurer shall notify the injured employee, the named employer and the division of its determination.

8. Upon demonstration of the:

(a) Costs incurred by the designated third-party administrator or insurer to administer the claim or pay compensation to the injured employee; or

(b) Amount that the designated third-party administrator or insurer will pay for administrative expenses or compensation to the injured employee and that such amounts are justified by the circumstances of the claim, the division shall authorize payment from the uninsured employers’ claim fund.

9. Any party aggrieved by a determination regarding the administration of an assigned claim or a determination made by the division or by the designated third-party administrator or insurer regarding any claim made pursuant to this section may appeal that determination within 60 days after the determination is rendered to the hearings division of the department of administration in the manner provided by NRS 616C.305 and 616C.315 to 616C.385, inclusive.

10. All insurers shall bear a proportionate amount of a claim made pursuant to this chapter, and are entitled to a proportionate amount of any collection made pursuant to this section as an offset against future liabilities.

11. An uninsured employer is liable for the interest on any amount paid on his claims from the uninsured employers’ claim fund. The interest must be calculated at a rate equal to the prime rate at the largest bank in Nevada, as ascertained by the commissioner of financial institutions, on January 1 or July 1, as the case may be, immediately preceding the date of the claim, plus 3 percent, compounded monthly, from the date the claim is paid from the fund until payment is received by the division from the employer.

12. Attorney’s fees recoverable by the division pursuant to this section must be:

(a) If a private attorney is retained by the division, paid at the usual and customary rate for that attorney.

(b) If the attorney is an employee of the division, paid at the rate established by regulations adopted by the division. Any money collected must be deposited to the uninsured employers’ claim fund

13. In addition to any other liabilities provided for in this section, the administrator may impose an administrative fine of not more than $10,000 against an employer if the employer fails to provide mandatory coverage required by the provisions of this chapter.

(Added to NRS by 1975, 599; A 1981, 1501; 1983, 456; 1991, 2430; 1993, 765, 1877; 1995, 579; 1997, 1447; 1999, 1732)

NRS 617.402 Misrepresentation or concealment of fact to obtain benefits: Insurer entitled to reimbursement or deduction from benefits; appeal of determination; alternative remedies.

1. If an insurer determines that an employee has knowingly misrepresented or concealed a material fact to obtain any benefit or payment under the provisions of this chapter, the insurer may deduct from any benefits or payments due to the employee, the amount obtained by the employee because of the misrepresentation or concealment of a material fact. The employee shall reimburse the insurer for all benefits or payments received because of the knowing misrepresentation or concealment of a material fact.

2. An employee who is aggrieved by a determination of an insurer made pursuant to subsection 1 may appeal that determination pursuant to NRS 616C.315 to 616C.385, inclusive. If the final decision by an appeals officer is favorable to the employee, the administrator shall order the insurer to pay $2,000 to that employee, in addition to any benefits or payments the employee is entitled to receive, if:

(a) The final decision is favorable to the employee; and

(b) The administrator determines that the insurer had no reasonable basis for believing that the employee knowingly misrepresented or concealed a material fact to obtain any benefit or payment.

3. This section does not preclude an insurer from making an investigation pursuant to, or pursuing the remedies provided by, NRS 616D.300.

(Added to NRS by 1989, 1993; A 1993, 768)

NRS 617.405 Judicial review of contested claims.

1. No judicial proceedings may be instituted for benefits for an occupational disease under this chapter, unless:

(a) A claim is filed within the time limits prescribed in NRS 617.344; and

(b) A final decision by an appeals officer has been rendered on the claim.

2. Judicial proceedings instituted for benefits for an occupational disease under this chapter are limited to judicial review of that decision.

(Added to NRS by 1973, 1596; A 1977, 85; 1981, 1140; 1993, 768)

COMPENSATION FOR DISABILITY AND DEATH

NRS 617.410 Compensation paid by insurer. Compensation for disability sustained on account of occupational disease by an employee, or the dependents of an employee as defined in this chapter, must be paid by the insurer.

[31:44:1947; 1943 NCL § 2800.31]—(NRS A 1979, 1063; 1993, 768; 1995, 2036)

NRS 617.420 Minimum duration of incapacity; payment of medical benefits. No compensation may be paid under this chapter for disability which does not incapacitate the employee for at least 5 cumulative days within a 20‑day period from earning full wages, but if the incapacity extends for 5 or more days within a 20‑day period, the compensation must then be computed from the date of disability. The limitations in this section do not apply to medical benefits, which must be paid from the date of application for payment of medical benefits.

[37:44:1947; 1943 NCL § 2800.37]—(NRS A 1959, 205; 1987, 923)

NRS 617.430 Eligibility; limitations.

1. Every employee who is disabled or dies because of an occupational disease, as defined in this chapter, arising out of and in the course of employment in the State of Nevada, or the dependents, as that term is defined in chapters 616A to 616D, inclusive, of NRS, of an employee whose death is caused by an occupational disease, are entitled to the compensation provided by those chapters for temporary disability, permanent disability or death, as the facts may warrant, subject to the modifications mentioned in this chapter.

2. In cases of tenosynovitis, prepatellar bursitis, and infection or inflammation of the skin, no person is entitled to such compensation unless for 90 days next preceding the contraction of the occupational disease the employee has been:

(a) A resident of the State of Nevada; or

(b) Employed by a self-insured employer, a member of an association of self-insured public or private employers, or an employer insured by a private carrier that provides coverage for occupational diseases.

[25:44:1947; A 1951, 372]—(NRS A 1967, 692; 1979, 1063; 1995, 2036; 1999, 1804)

NRS 617.440 Requirements for occupational disease to be deemed to arise out of and in course of employment.

1. An occupational disease defined in this chapter shall be deemed to arise out of and in the course of the employment if:

(a) There is a direct causal connection between the conditions under which the work is performed and the occupational disease;

(b) It can be seen to have followed as a natural incident of the work as a result of the exposure occasioned by the nature of the employment;

(d) It does not come from a hazard to which workmen would have been equally exposed outside of the employment.

2. The disease must be incidental to the character of the business and not independent of the relation of the employer and employee.

3. The disease need not have been foreseen or expected, but after its contraction must appear to have had its origin in a risk connected with the employment, and to have flowed from that source as a natural consequence.

4. In cases of disability resulting from radium poisoning or exposure to radioactive properties or substances, or to roentgen rays (X-rays) or ionizing radiation, the poisoning or illness resulting in disability must have been contracted in the State of Nevada.

[Part 26:44:1947; A 1949, 365; 1953, 297]—(NRS A 1961, 589; 1963, 874; 1967, 685; 1983, 458)

NRS 617.445 Determination of date of disablement. In all cases under this chapter, the date of disablement is such date as the insurer determines on hearing of the employee’s claim.

[Part 27:44:1947; 1943 NCL § 2800.27]—(NRS A 1971, 1131; 1981, 1503; 1991, 363)—(Substituted in revision for NRS 617.340)

NRS 617.450 Specific occupational diseases; schedule. Except as otherwise provided in NRS 617.366, the following diseases, as well as other occupational diseases defined in NRS 617.440, are considered occupational diseases and are compensable as such when contracted by an employee and when arising out of and in the course of the employment in any process described in this section.

SCHEDULE

Description of Disease or Injury Description of Process

Anthrax.......................Handling of livestock wool, hair, bristles, hides and skins.

Arsenic poisoning...........Any process involving the production or use of arsenic or its preparations or compounds.

Brass or zinc poisoning...................Any process involving the manufacture, founding or refining of brass or the melting or smelting of zinc.

Carbon monoxide poisoning...............Any process involving the evolution of or resulting in the escape of carbon monoxide.

Chrome ulceration of skin or nasal passages.....................................Any process involving the production or use of or direct contact with chromic acid or bichromates of ammonium, potassium or sodium or their preparations.

Compressed air illness........................Any work process carried on in compressed air.

Epithelioma cancer or ulceration of the skin or of the corneal surface of the eye due to carbon, pitch, tar or tarry compounds production...........................Handling or industrial use of carbon, pitch or tarry compounds.

Glanders..................................................Care of any equine animal suffering from glanders; handling carcass of such animal.

Infection or inflammation of the skin on contact surfaces due to oils, cutting compounds or lubricants, dusts, liquids, fumes, gases or vapors...................Any process involving the production, handling or use of oils, cutting compounds or lubricants, or involving contact with dust, liquids, fumes, gases or vapors.

Lead poisoning.................................Any process involving the production or use of lead or its preparations or compounds.

Manganese dioxide poisoning.............Any process involving the grinding or milling of manganese dioxide or the escape of manganese dioxide dust.

Mercury poisoning...........................Any process involving the production or use of mercury or its preparations or compounds.

Phosphorus poisoning.......................Any process involving the production or use of phosphorus, or its preparations or compounds.

Poisoning by carbon bisulfide............Any process involving the production or use of carbon bisulfide or its preparations or compounds.

Poisoning by chlorine..........................Any process involving the production or use of chlorine or its preparations or compounds.

Poisoning by flour, burned grease, bakery and kitchen fumes and other food products...................................Any process involving the production of or the use of flours for baking purposes, greases used in cooking, and other products used in cafes and bakeries, causing or tending to cause what is commonly called baker’s disease, baker’s asthma or baker’s tuberculosis.

Poisoning by gasoline, benzine, naphtha or other volatile petroleum products.........Any process involving the production or use of gasoline, benzine, naphtha or other volatile petroleum products.

Poisoning by wood alcohol..................Any process involving the production or use of wood alcohol or its preparations.

Potassium cyanide poisoning............Any process involving the production or use of or direct contact with potassium cyanide.

Radium poisoning or disability due to radioactive properties or substances, or to roentgen rays (X‑rays), or to exposure to ionizing radiation.........................Any process involving the use of or direct contact with radium or a radioactive substance, or the use of or direct exposure to roentgen rays (X‑rays) or ionizing radiation.

Sulfur dioxide poisoning........................Any process in which sulfur dioxide gas is evolved by the expansion of liquid sulfur dioxide.

Tenosynovitis and prepatellar bursitis....Primary tenosynovitis characterized by a passive effusion or crepitus into the tendon sheath of the flexor or extensor muscles of the hand, due to frequently repetitive motions or vibrations, or prepatellar bursitis due to continued pressure.

[Part 26:44:1947; A 1949, 365; 1953, 297]—(NRS A 1961, 590; 1993, 768)

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. Compensation awarded to the employee or his dependents for disabling cancer pursuant to subsection 1 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. 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 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 presumption must control the awarding of benefits pursuant to this section unless evidence to dispute the presumption is presented.

(Added to NRS by 1987, 1109)

NRS 617.454 Physical examination to include test of hearing. Any physical examination administered pursuant to NRS 617.455 or 617.457 must include a thorough test of the functioning of the hearing of the employee. The test required by this section must be paid for by the employer.

(Added to NRS by 1991, 959)

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; or

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, may elect to receive the benefits provided under NRS 616C.440 for a permanent total disability.

(Added to NRS by 1965, 368; A 1975, 1195; 1981, 623, 851; 1983, 458; 1987, 553; 1989, 1020)

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.

(Added to NRS by 1969, 592; A 1973, 768; 1981, 623, 851; 1983, 459; 1987, 1424; 1989, 1021)

NRS 617.459 Determination of percentage of disability resulting from heart or lung diseases.

1. The percentage of disability resulting from an occupational disease of the heart or lungs must be determined jointly by the claimant’s attending physician and the examining physician designated by the insurer, in accordance with the American Medical Association’s Guides to the Evaluation of Permanent Impairment as adopted and supplemented by the division pursuant to NRS 616C.110.

2. If the claimant’s attending physician and the designated examining physician do not agree upon the percentage of disability, they shall designate a physician specializing in the branch of medicine which pertains to the disease in question to make the determination. If they do not agree upon the designation of such a physician, each shall choose one physician so specializing, and two physicians so chosen shall choose a third specialist in that branch. The resulting panel of three physicians shall, by majority vote, determine the percentage of disability in accordance with the American Medical Association’s Guides to the Evaluation of Permanent Impairment as adopted and supplemented by the division pursuant to NRS 616C.110.

(Added to NRS by 1981, 850; A 1981, 1538; 1987, 1313; 1991, 494, 2431; 1993, 1879; 1995, 2162)

NRS 617.460 Silicosis and diseases related to asbestos as occupational diseases; compensation and claims.

1. Except as otherwise provided in NRS 617.366, silicosis and diseases related to asbestos are occupational diseases and are compensable as such when contracted by an employee and when arising out of and in the course of the employment.

2. Claims for compensation on account of silicosis or a disease related to asbestos are forever barred unless application is made to the insurer within 1 year after the date of disability or death and within 1 year after the claimant knew or should have known of the relationship between the disease and the employment.

3. Nothing in this chapter entitles an employee or his dependents to compensation, medical, hospital and nursing expenses or payment of funeral expenses for disability or death because of silicosis or a disease related to asbestos in the event of the failure or omission on the part of the employee truthfully to state, when seeking employment, the place, duration and nature of previous employment in answer to an inquiry made by the employer.

4. No compensation may be paid in case of silicosis or a disease related to asbestos unless the injured employee has been exposed to harmful quantities of silicon dioxide dust or fibers of asbestos for not less than 1 year in employment in this state covered by this chapter and chapters 616A to 616D, inclusive, of NRS.

5. Compensation on account of silicosis or a disease related to asbestos is payable only in the event of a temporary or permanent disability, or death, in accordance with the provisions of chapters 616A to 616D, inclusive, of NRS. Except as otherwise provided in NRS 616C.505, the insurer shall not allow the conversion of the compensation benefits provided for in this section into the payment of a lump sum. Payment of benefits and compensation is limited to the claimant and his dependents.

6. Any claimant who has been disabled by silicosis or a disease related to asbestos before July 1, 1973, or his dependents, upon receiving the maximum sum payable, $14,250, to which they are entitled, are not entitled to compensation from the insurer, but are entitled to continue to receive the same amount of compensation from the account for pensions for silicosis, diseases related to asbestos and other disabilities.

[Part 26:44:1947; A 1949, 365; 1953, 297]—(NRS A 1957, 307; 1959, 250; 1961, 449; 1963, 84; 1965, 980; 1967, 206; 1969, 898; 1971, 326, 1083; 1973, 539, 1406; 1975, 259, 510, 823; 1979, 1064; 1981, 1504; 1983, 460; 1985, 724; 1987, 590; 1991, 1803; 1993, 771; 1995, 2036)

NRS 617.470 Occupational diseases of respiratory tract resulting from exposure to dusts. All conditions, restrictions, limitations and other provisions of NRS 617.460 with reference to the payment of compensation or benefits on account of silicosis or a disease related to asbestos are applicable to the payment of compensation or benefits on account of any other occupational disease of the respiratory tract resulting from injurious exposure to dusts.

[28:44:1947; 1943 NCL § 2800.28]—(NRS A 1987, 591)

PROHIBITED ACTS; PENALTIES

NRS 617.500 Applicability. Every employee and the dependent or dependents of such employee, and the employer or employers of such employee, shall be subject to all the applicable penalties provided for injured employees and their employers by chapters 616A to 616D, inclusive, of NRS unless otherwise provided in this chapter.

[Part 41:44:1947; 1943 NCL § 2800.41]

NRS 617.510 Penalties and remedies are cumulative; exception. Except as otherwise provided in NRS 617.017, no penalty or remedy provided in this chapter is exclusive of any other penalty or remedy, but is cumulative and in addition to every other penalty or remedy and may be exercised without exhausting and without regard to any other penalty or remedy provided by this chapter or any other statute.

(Added to NRS by 1993, 762)