2005 Nevada Revised Statutes - Chapter 617 — Occupational Diseases

CHAPTER 617 - OCCUPATIONAL DISEASES

GENERAL PROVISIONS

NRS 617.010 Shorttitle.

NRS 617.015 Rightsand liabilities of employers and employees.

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

NRS 617.020 Definitions.

NRS 617.030 Casualdefined.

NRS 617.050 Compensationdefined.

NRS 617.060 Disablementand total disablement defined.

NRS 617.065 Diseaserelated to asbestos defined.

NRS 617.070 Employeeand workman defined.

NRS 617.080 Employee:Persons excluded.

NRS 617.091 Employee:Lessees engaged in mining or operating a reduction plant.

NRS 617.100 Employee:Subcontractors and employees.

NRS 617.105 Employee:Real estate licensees.

NRS 617.110 Employerdefined.

NRS 617.120 Independentcontractor defined.

NRS 617.130 Medicalbenefits defined.

NRS 617.135 Policeofficer defined.

NRS 617.140 Silicosisdefined.

NRS 617.145 Soleproprietor defined.

NRS 617.150 Subcontractorsdefined.

ADMINISTRATION

NRS 617.160 Divisionof Industrial Relations to administer chapter.

NRS 617.165 Proceduresfor determination of contested cases.

PREMIUMS AND ACCOUNTS

NRS 617.1665 Paymentof premiums by employers insured by private carrier.

NRS 617.1675 Accountfor Pensions for Silicosis, Diseases Related to Asbestos and OtherDisabilities: Creation; interest and income; administration.

NRS 617.168 Accountfor Pensions for Silicosis, Diseases Related to Asbestos and OtherDisabilities: Uses and purposes; reversion.

LIABILITY FOR PROVISION OF COVERAGE

Applicability

NRS 617.170 Noliability created for disability or death occurring before July 1, 1947.

NRS 617.175 Independententerprises.

NRS 617.190 Devicesmodifying liability void.

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

NRS 617.203 Limitationof liability of principal contractor for occupational disease contracted byindependent contractor or employee of independent contractor.

NRS 617.205 Self-insuredemployers to provide compensation; contributions not required; administrationof claims; compliance with NRS 616B.300.

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

NRS 617.207 Applicabilityto officers of quasi-public and private corporations and managers oflimited-liability companies; rejection of coverage by certain officers andmanagers.

NRS 617.210 Contractorwith State or political subdivision: Submission of certificate of compliance;coverage pursuant to contract; sole proprietor who does not use employees.

NRS 617.215 Actionsat law.

 

Election of Coverage

NRS 617.220 Applicabilityto employers of excluded persons.

NRS 617.225 Electionby sole proprietor; physical examination; payment of premiums; effect offailure to pay premiums; withdrawal of election.

NRS 617.250 Reportingof lessees engaged in mining or operating reduction plant.

REPORTS OF OCCUPATIONAL DISEASES AND CLAIMS FOR COMPENSATION

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

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

NRS 617.345 Handlingof claims by private carrier subject to provisions of chapter; employer andprivate carrier subject to regulations of Division.

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

NRS 617.348 Dependentof employee barred from filing claim for compensation if untimely or previouslydenied.

NRS 617.352 Claimfor compensation: Duty of treating physician or chiropractor to file ordelegate duty to medical facility; electronic filing; form and contents;maintenance of forms; penalty.

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

NRS 617.356 Dutyof insurer to accept or deny responsibility upon receipt of both claims forcompensation.

NRS 617.357 Claimsregarding diseases of heart or lungs, infectious diseases or cancer: Reports byinsurers to Administrator; public reports by Administrator.

DETERMINATION AND PAYMENT OF BENEFITS

NRS 617.358 Compensationprohibited unless preponderance of evidence establishes that disease arose outof and in course of employment; rebuttable presumption if notice of disease isfiled after termination of employment.

NRS 617.362 Paymentof compensation by insurer prohibited before required; recovery of overpaymentby insurer.

NRS 617.364 Newlydeveloped injury or disease: Inclusion in original claim for compensation;limitation.

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

NRS 617.370 Medicalexamination; refusal to submit; testimony of physician.

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

NRS 617.385 Limitationon receipt of modified motor vehicle as medical benefit.

NRS 617.390 Compensationfor both injury and disease.

NRS 617.392 Compensationfor combination of injuries, illnesses and disabilities.

NRS 617.395 Compensationfor mastectomy and reconstructive surgery.

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

NRS 617.401 Compensationfrom uninsured employers claim account: Administration and payment of claims;eligibility of employee; liability of employer; powers and duties of Division;appeals; penalty.

NRS 617.402 Misrepresentationor concealment of fact to obtain benefits: Insurer entitled to reimbursement ordeduction from benefits; appeal of determination; alternative remedies.

NRS 617.405 Judicialreview of contested claims.

COMPENSATION FOR DISABILITY AND DEATH

NRS 617.410 Compensationpaid by insurer.

NRS 617.420 Minimumduration of incapacity; payment of medical benefits.

NRS 617.430 Eligibility;limitations.

NRS 617.440 Requirementsfor occupational disease to be deemed to arise out of and in course ofemployment.

NRS 617.445 Determinationof date of disablement.

NRS 617.450 Specificoccupational diseases; schedule.

NRS 617.453 Canceras occupational disease of firefighters.

NRS 617.454 Physicalexaminations: Required tests.

NRS 617.455 Lungdiseases as occupational diseases of firefighters and police officers.

NRS 617.457 Heartdiseases as occupational diseases of firefighters and police officers.

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

NRS 617.460 Silicosisand diseases related to asbestos as occupational diseases; compensation andclaims.

NRS 617.470 Occupationaldiseases of respiratory tract resulting from exposure to dusts.

NRS 617.481 Certaincontagious diseases as occupational diseases.

NRS 617.485 Hepatitisas occupational disease of police officers, firefighters and emergency medicalattendants.

NRS 617.487 Hepatitisas occupational disease of certain other police officers.

PROHIBITED ACTS; PENALTIES

NRS 617.500 Applicability.

NRS 617.510 Penaltiesand remedies are cumulative; exception.

_________

GENERAL PROVISIONS

NRS 617.010 Shorttitle. This chapter shall be known as theNevada Occupational Diseases Act.

[1:44:1947; 1943 NCL 2800.01]

NRS 617.015 Rightsand liabilities of employers and employees. Everyemployee and the dependent or dependents of such employee and the employer oremployers of such employee shall be entitled to all the applicable rights,benefits and immunities and shall be subject to all the applicable liabilitiesand 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 inrevision for NRS 617.240)

NRS 617.017 Rightsand 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 onaccount of an occupational disease sustained by an employee, arising out of andin the course of the employment, are exclusive, except as otherwise provided inthis chapter, of all other rights and remedies of the employee, his personal orlegal representative, dependents or next of kin, at common law or otherwise, onaccount of the disease.

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

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

4. If an employee receives any compensation or medicalbenefits under this chapter, the acceptance of the compensation or benefits isin lieu of any other compensation, award or recovery against his employer underthe laws of any other state or jurisdiction and the employee is barred fromcommencing any action or proceeding for the enforcement or collection of anybenefits 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 thecontext, the definitions set forth in NRS617.030 to 617.150, inclusive, andthe definitions set forth in chapter 616A ofNRS for additional terms and phrases govern the construction and meaning of theterms and phrases used in this chapter.

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

NRS 617.030 Casualdefined. Casual refers only to employmentswhere the work contemplated is to be completed in 20 working days or partsthereof in a calendar quarter, without regard to the number of personsemployed, 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 Compensationdefined. Compensation means the money whichis payable to an employee or to his dependents as provided for in this chapter,and includes benefits for funerals, medical benefits and money forrehabilitative services.

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

NRS 617.060 Disablementand total disablement defined. Disablementand total disablement are used interchangeably in this chapter and mean theevent of becoming physically incapacitated by reason of an occupational diseasearising out of and in the course of employment as defined in this chapter fromengaging, for remuneration or profit, in any occupation for which he is orbecomes reasonably fitted by education, training or experience.

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

NRS 617.065 Diseaserelated to asbestos defined. Disease relatedto asbestos means any disease caused by the inhalation of the fibers ofasbestos, including but not limited to:

1. Interstitial pulmonary fibrosis;

2. Mesothelioma; and

3. Bronchogenic, laryngeal, lymphatic orgastrointestinal carcinoma.

(Added to NRS by 1987, 589)

NRS 617.070 Employeeand workman defined. Employee andworkman are used interchangeably in this chapter and mean every person in theservice of an employer under any appointment or contract of hire orapprenticeship, express or implied, oral or written, whether lawfully orunlawfully 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 orprivate corporations while rendering actual service for such corporations forpay.

4. Volunteer firefighters 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 membersof 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; 2005, 343)

NRS 617.080 Employee:Persons excluded. Employee excludes:

1. Any person whose employment is both casual and notin 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 poultryraising, except as otherwise provided in this chapter.

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

4. Musicians when their services are merely casual innature and not lasting more than 2 consecutive days, and not recurring for thesame employer, as in wedding receptions, private parties and similarmiscellaneous engagements.

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

6. Any person who performs services as a sportsofficial for a nominal fee at a sporting event that is amateur, intercollegiateor interscholastic and is sponsored by a public agency, public entity orprivate, nonprofit organization. As used in this subsection, sports officialincludes an umpire, referee, judge, scorekeeper, timekeeper or other person whois a neutral participant in a sporting event.

7. Any person who:

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

(1) On the basis of a deposit, commission,purchase for resale or similar arrangement specified by the Administrator ofthe Division of Industrial Relations of the Department of Business and Industryby regulation, if the products are to be resold to another person in his homeor place other than a retail store; or

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

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

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

[Part 11:44:1947; 1943 NCL 2800.11](NRS A 1975,1021; 1979, 950; 1981, 716; 1997, 163; 2003, 1586)

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 eithermining 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 theaverage 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, independentcontractors and the employees of either shall be deemed to be employees of theprincipal contractor for the purposes of this chapter.

2. This section does not affect the relationshipbetween a principal contractor and a subcontractor or independent contractorfor 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 estatelicensee doing business in this State and receiving wages, commissions or othercompensation based upon sales shall be deemed for the purpose of this chapterto earn wages of $1,500 per month.

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

NRS 617.110 Employerdefined. Employer means:

1. Except as otherwise provided in subsection 4 of NRS 617.210, 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 andprivate corporation, including any public service corporation, which has inservice 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; 2001, 610)

NRS 617.120 Independentcontractor defined. Independent contractormeans any person who renders service for a specified recompense for a specifiedresult, under the control of his principal as to the result of his work onlyand not as to the means by which such result is accomplished.

[12:44:1947; 1943 NCL 2800.12]

NRS 617.130 Medicalbenefits 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 employeeshome;

(b) Membership in an athletic or health club;

(c) Except as otherwise provided in NRS 617.385, a motor vehicle; or

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

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

NRS 617.135 Policeofficer defined. Police officer includes:

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

2. A chief, inspector, supervisor, commercial officeror trooper of the Nevada Highway Patrol Division of the Department of PublicSafety;

3. A chief, investigator or agent of the InvestigationDivision of the Department of Public Safety;

4. An officer or investigator of the Section for theControl of Emissions From Vehicles and the Enforcement of Matters Related tothe Use of Special Fuel of the Department of Motor Vehicles;

5. An investigator of the Division of ComplianceEnforcement of the Department of Motor Vehicles;

6. A member of the police department of the NevadaSystem of Higher Education;

7. A:

(a) Uniformed employee of; or

(b) Forensic specialist employed by,

theDepartment of Corrections whose position requires regular and frequent contactwith the offenders imprisoned and subjects the employee to recall in emergencies;

8. A parole and probation officer of the Division ofParole and Probation of the Department of Public Safety;

9. A forensic specialist or correctional officeremployed by the Division of Mental Health and Developmental Services of theDepartment of Health and Human Services at facilities for mentally disorderedoffenders;

10. The State Fire Marshal, his assistant and hisdeputies; and

11. A game warden of the Department of Wildlife whohas the powers of a peace officer pursuant to NRS289.280.

(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; 2001, 948, 2632; 2001 Special Session,246; 2003, 180,2527; 2005, 2240)

NRS 617.140 Silicosisdefined. Silicosis shall mean a disease ofthe lungs caused by breathing silica dust (silicon dioxide) producing fibrousnodules, distributed through the lungs and demonstrated by X-ray examination orby autopsy.

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

NRS 617.145 Soleproprietor defined. Sole proprietor means aself-employed owner of an unincorporated business who has been domiciled in theState of Nevada for at least 6 months immediately prior to filing for coverageand includes working partners and members of working associations. Coverageremains in effect only if the sole proprietor remains a domiciliary of Nevada.

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

NRS 617.150 Subcontractorsdefined. Subcontractors shall includeindependent contractors.

[15:44:1947; 1943 NCL 2800.15]

ADMINISTRATION

NRS 617.160 Divisionof Industrial Relations to administer chapter. Thischapter must be administered by the Division of Industrial Relations of theDepartment 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; A1951, 372](NRS A 1973, 1597; 1981, 1499; 1993, 1876)

NRS 617.165 Proceduresfor determination of contested cases. TheChief of the Hearings Division of the Department of Administration may byregulation provide for specific procedures for the determination of contestedcases not inconsistent with this chapter.

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

PREMIUMS AND ACCOUNTS

NRS 617.1665 Paymentof premiums by employers insured by private carrier. Everyemployer insured by a private carrier, to receive the benefits of this chapterand to provide and secure compensation for his employees, shall pay premiumsaccording 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 617.1675 Accountfor Pensions for Silicosis, Diseases Related to Asbestos and OtherDisabilities: Creation; interest and income; administration.

1. There is hereby created in the State General Fundthe Account for Pensions for Silicosis, Diseases Related to Asbestos and OtherDisabilities. The Account consists of money appropriated to the Account by theLegislature and interest and income earned pursuant to subsection 2.

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

3. The Account must be administered by the StateTreasurer. The money in the Account may be expended only for the purposes setforth in NRS 617.168 and none of themoney in the Account may be expended for administrative purposes. The expendituresmust be made on claims approved by the insurer and paid as other claims againstthe 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 Accountfor Pensions for Silicosis, Diseases Related to Asbestos and OtherDisabilities: Uses and purposes; reversion.

1. The money in the Account for Pensions forSilicosis, Diseases Related to Asbestos and Other Disabilities must be expendedto provide:

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

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

(c) The increased death benefits described in NRS 616C.510.

2. Upon receiving a monthly statement showing theamount of benefits to be paid for the month to the persons entitled theretopursuant to subsection 1, the State Treasurer shall pay an amount equal to thatshown 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 providedbenefits or increased benefits pursuant to the provisions of subsection 1 areno longer eligible for those benefits, the balance of the Account must revertto 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 Noliability created for disability or death occurring before July 1, 1947. Nothing in this chapter shall create any liability on thepart of any employer where disability or death occurred prior to July 1, 1947.

[40:44:1947; 1943 NCL 2800.40]

NRS 617.175 Independententerprises.

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

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

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

2. As used in this section, independent enterprisemeans a person who holds himself out as being engaged in a separate businessand:

(a) Holds a business or occupational license in his ownname; or

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

3. The provisions of this section do not apply to aprincipal contractor who is licensed pursuant to chapter624 of NRS.

(Added to NRS by 1991, 2429)(Substituted in revisionfor NRS 617.155)

NRS 617.190 Devicesmodifying liability void.

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

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

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

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

1. Every employer within the provisions of thischapter, and those employers who accept the terms of this chapter and aregoverned by its provisions, shall provide and secure compensation according tothe terms, conditions and provisions of this chapter for all occupationaldiseases contracted by an employee arising out of and in the course of theemployment.

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

[Part 18:44:1947; A 1949, 365; 1953, 297](NRS A1995, 2035)

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

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

2. Proof of such coverage is provided to the principalcontractor;

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

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

(Added to NRS by 1991, 2429)

NRS 617.205 Self-insuredemployers to provide compensation; contributions not required; administration ofclaims; compliance with NRS 616B.300.

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

2. A self-insured employer is not required to pay thecontributions required of other employers by NRS617.1665.

3. The claims of employees and their beneficiariesresulting from occupational diseases while in the employment of self-insuredemployers must be handled in the manner provided by this chapter, and theself-insured employer is subject to the regulations of the Division withrespect thereto.

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

5. A self-insured employer qualifying under theprovisions 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 Effectof certification as association of self-insured public or private employers;responsibilities of association.

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

2. An association is not required to pay thecontributions required of employers by NRS617.1665.

3. The claims of employees and their beneficiariesresulting from occupational diseases while in the employment of a member of anassociation must be handled in the manner provided by this chapter, and theassociation is subject to the regulations of the Division with respect thereto.

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

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

(Added to NRS by 1993, 762)

NRS 617.207 Applicabilityto officers of quasi-public and private corporations and managers oflimited-liability companies; rejection of coverage by certain officers andmanagers.

1. If a quasi-public or private corporation orlimited-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 deemedfor the purposes of this chapter to receive a minimum pay of $6,000 per policyyear and a maximum pay of $36,000 per policy year.

(b) Does not receive pay for services performed shallbe deemed for the purposes of this chapter to receive a minimum pay of $500 permonth or $6,000 per policy year.

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

3. An officeror manager of such a corporation or company who:

(a) Owns thecorporation or company; and

(b) Receivespay for the services performed,

may elect to reject coverage forhimself by filing written notice thereof with the insurer. The rejection iseffective upon receipt of the notice by the insurer.

4. An officer or manager who has rejected coverage mayrescind that rejection by filing written notice thereof with the corporation orcompany and the insurer. The rescission is effective upon receipt of the noticeby the insurer.

(Added to NRS by 1987, 599; A 1993, 44; 1997, 1445,1500; 1999, 455, 1732; 2001, 113, 610, 2457; 2003, 1587)

NRS 617.210 Contractor with State or politicalsubdivision: Submission of certificate of compliance; coverage pursuant tocontract; sole proprietor who does not use employees.

1. Except as otherwise provided in this section,before any person, firm or corporation commences work under any contract withthe State or any political subdivision thereof, or a metropolitan policedepartment, the contractor shall furnish to the state agency, politicalsubdivision or metropolitan police department having charge of the letting ofthe contract a certificate of the insurer certifying that the contractor has compliedwith the provisions of this chapter. A state agency, political subdivision ormetropolitan police department may furnish coverage under this chapter for acontractor as specified in the contract.

2. In lieu of furnishing a certificate of an insurerpursuant to the provisions of subsection 1, a sole proprietor who does not usethe services of his employees, if any, in the performance of a contract withthe State or any political subdivision thereof, or a metropolitan policedepartment, may submit to a state agency, political subdivision or metropolitanpolice department an affidavit indicating that the sole proprietor:

(a) In accordance with the provisions of NRS 617.225, has not elected to be includedwithin the terms, conditions and provisions of this chapter; and

(b) Is otherwise in compliance with those terms,conditions and provisions.

3. If a sole proprietor submits an affidavit specifiedin subsection 2 to a state agency, political subdivision or metropolitan policedepartment specified in subsection 1, the state agency, political subdivisionor metropolitan police department shall not require the sole proprietor toobtain coverage for himself under this chapter during any period in which heperforms work under the contract for which he submitted the affidavit.

4. A state agency, political subdivision ormetropolitan police department that lets a contract to a sole proprietorpursuant to subsection 1:

(a) Shall be deemed not to be the employer of the soleproprietor or his employees, if any; and

(b) Is not liable as a principal contractor to the soleproprietor or his employees, if any, for any compensation or other damages as aresult of an industrial injury or occupational disease incurred in theperformance of the contract.

[20:44:1947; 1943 NCL 2800.20](NRS A 1981, 1500;1985, 665; 1993, 550; 2001,611)

NRS 617.215 Actionsat law. If any employer fails to provide andsecure compensation under this chapter, any employee contracting anoccupational disease as provided in this chapter, or, in case of death, hisdependents, may bring an action at law against the employer for damages as ifthis 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 Applicabilityto employers of excluded persons. Employerswhose employees are excluded by NRS 617.080may elect to cover such employees under the provisions of this chapter bynotifying the insurer and the Administrator in writing. The notificationsubjects an employer to the provisions of this chapter until he submits to theinsurer and the Administrator a notice in writing that he withdraws hiselection.

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

NRS 617.225 Electionby sole proprietor; physical examination; payment of premiums; effect offailure to pay premiums; withdrawal of election.

1. A sole proprietor may elect to be included withinthe terms, conditions and provisions of this chapter to secure for himselfcompensation equivalent to that to which an employee is entitled for anyoccupational disease contracted by the sole proprietor which arises out of andin the course of his self-employment by filing a written notice of electionwith the Administrator and a private carrier.

2. A private carrier may require a sole proprietor whoelects to accept the terms, conditions and provisions of this chapter to submitto a physical examination by a physician selected by the private carrier beforethe commencement of coverage and on a yearly basis thereafter. If a privatecarrier requires such a physical examination, the private carrier shallprescribe the scope of the examination and shall consider it for ratingpurposes. The cost of the physical examination must be paid by the sole proprietor.

3. A sole proprietor who elects to submit to theprovisions of this chapter shall pay to the private carrier premiums in suchmanner and amounts as may be prescribed by the regulations of the Commissioner.

4. If a sole proprietor fails to pay all premiumsrequired by the regulations of the Commissioner, the failure operates as arejection of this chapter.

5. A sole proprietor who elects to be included underthe provisions of this chapter remains subject to all terms, conditions andprovisions of this chapter and all regulations of the Commissioner until hefiles a written notice with the private carrier and the Administrator that hewithdraws his election.

6. For purposes of this chapter, a sole proprietorshall 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; 2001, 2458;2003, 175)

NRS 617.250 Reportingof lessees engaged in mining or operating reduction plant.

1. A lessee engaged in either mining or operating areduction plant, whose employer is within the provisions of this chapter, mustbe 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 beperformed;

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

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

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

2. If such a lessee files with the Administrator andthe insurer an acceptance of the provisions of this chapter and, if applicable,pays the premiums in advance upon the estimated earnings of himself and anyworkmen 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 FORCOMPENSATION

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

1. An employee or, in the event of the employeesdeath, one of his dependents, shall provide written notice of an occupationaldisease for which compensation is payable under this chapter to the employer ofthe employee as soon as practicable, but within 7 days after the employee ordependent has knowledge of the disability and its relationship to theemployees employment.

2. The notice required by subsection 1 must:

(a) Be on a form prescribed by the Administrator. Theform must allow the employee or his dependent to describe briefly thecircumstances which caused the disease or death.

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

(c) Include an explanation of the procedure for filinga claim for compensation.

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

3. Upon receipt of the notice required by subsection1, the employer, the employees supervisor or the agent of the employer who wasin charge of the type of work performed by the employee shall sign the notice.The signature of the employer, the supervisor or the employers agent is anacknowledgment of the receipt of the notice and shall not be deemed to be awaiver of any of the employers defenses or rights.

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

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

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

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

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

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

3. The claim for compensation must be filed on a formprescribed by the Administrator.

(Added to NRS by 1993, 763)

NRS 617.345 Handlingof claims by private carrier subject to provisions of chapter; employer andprivate carrier subject to regulations of Division. Theclaims of employees and their dependents resulting from injuries while in theemployment of employers insured by a private carrier must be handled in themanner provided in this chapter, and the employer and the private carrier aresubject to the regulations of the Division with respect thereto.

(Added to NRS by 1995, 2034)

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

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

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

(a) The employees disease or another cause beyond hiscontrol prevented him from providing the notice or the claim;

(b) The failure was caused by the employees ordependents mistake or ignorance of fact or of law;

(c) The failure was caused by the physical or mentalinability of the employee or the dependent; or

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

(Added to NRS by 1993, 763)

NRS 617.348 Dependentof employee barred from filing claim for compensation if untimely or previouslydenied. A dependent of an employee may notfile a claim for compensation for an occupational disease pursuant to the provisionsof this chapter if:

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

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

(Added to NRS by 1993, 762)

NRS 617.352 Claimfor compensation: Duty of treating physician or chiropractor to file ordelegate duty to medical facility; electronic filing; form and contents;maintenance of forms; penalty.

1. Except as otherwise provided in this section, atreating physician or chiropractor shall, within 3 working days after firstproviding treatment to an employee who has incurred an occupational disease,complete and file a claim for compensation with the employer of the employeeand the employers insurer. If the employer is a self-insured employer, thetreating physician or chiropractor shall file the claim for compensation withthe employers third-party administrator. If the physician or chiropractorfiles the claim for compensation by electronic transmission, the physician orchiropractor shall, upon request, mail to the insurer or third-party administratorthe form that contains the original signatures of the employee and thephysician or chiropractor. The form must be mailed within 7 days afterreceiving such a request.

2. A physician or chiropractor who has a duty to filea claim for compensation pursuant to subsection 1 may delegate the duty to amedical facility. If the physician or chiropractor delegates the duty to amedical facility:

(a) The medical facility must comply with the filingrequirements set forth in this section; and

(b) The delegation must be in writing and signed by:

(1) The physician or chiropractor; and

(2) An authorized representative of the medicalfacility.

3. A claim for compensation required by subsection 1must be filed on a form prescribed by the Administrator.

4. If a claim for compensation is accompanied by acertificate of disability, the certificate must include a description of anylimitation or restrictions on the employees ability to work.

5. Each physician, chiropractor and medical facilitythat treats employees who have incurred occupational diseases, each insurer,third-party administrator and employer, and the Division shall maintain attheir offices a sufficient supply of the forms prescribed by the Administratorfor filing a claim for compensation.

6. The Administrator may impose an administrative fineof not more than $1,000 for each violation of subsection 1 on:

(a) A physician or chiropractor; or

(b) A medical facility if the duty to file the claimfor compensation has been delegated to the medical facility pursuant to thissection.

(Added to NRS by 1993, 764; A 1995, 649; 1997, 1446; 2003, 2309)

NRS 617.354 Reportof 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 afterthe receipt of a claim for compensation from a physician or chiropractor, or amedical facility if the duty to file the claim for compensation has beendelegated to the medical facility pursuant to NRS617.352, an employer shall complete and file with his insurer orthird-party administrator an employers report of industrial injury oroccupational disease.

2. The report must:

(a) Be filed on a form prescribed by the Administrator;

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

(c) Contain specific answers to all questions requiredby the regulations of the Administrator; and

(d) Be accompanied by a statement of the wages of theemployee if the claim for compensation received from the treating physician orchiropractor, or a medical facility if the duty to file the claim forcompensation has been delegated to the medical facility pursuant to NRS 617.352, indicates that the employee isexpected to be off work for 5 days or more.

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

4. The Administrator shall impose an administrativefine of not more than $1,000 against an employer for each violation of thissection.

(Added to NRS by 1993, 764; A 1997, 1447; 1999, 3147; 2003, 2310)

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

(Added to NRS by 1993, 764)

NRS 617.357 Claimsregarding diseases of heart or lungs, infectious diseases or cancer: Reports byinsurers to Administrator; public reports by Administrator.

1. Each insurer shall submit to the Administrator awritten report concerning each claim for compensation that is filed with theinsurer for an occupational disease of the heart or lungs or any occupationaldisease that is infectious or relates to cancer. The written report must besubmitted to the Administrator within 30 days after the insurer accepts ordenies the claim pursuant to NRS 617.356and must include:

(a) A statement specifying the nature of the claim;

(b) A statement indicating whether the insurer acceptedor denied the claim and the reasons for the acceptance or denial;

(c) A statement indicating the estimated medical costsfor the claim; and

(d) Any other information required by theAdministrator.

2. If a claim specified in subsection 1 is appealed oraffirmed, modified or reversed on appeal, or is closed or reopened, the insurershall notify the Administrator of that fact in writing within 30 days after theclaim is appealed, affirmed, modified, reversed, closed or reopened.

3. On or before February 1 of each year, theAdministrator shall prepare and make available to the general public a writtenreport concerning claims specified in subsection 1. The written report mustinclude:

(a) The information submitted to the Administrator byan insurer pursuant to this section during the immediately preceding year; and

(b) Any other information concerning those claimsrequired by the Administrator.

(Added to NRS by 2001, 828)

DETERMINATION AND PAYMENT OF BENEFITS

NRS 617.358 Compensationprohibited unless preponderance of evidence establishes that disease arose outof and in course of employment; rebuttable presumption if notice of disease isfiled after termination of employment.

1. An employee or his dependents are not entitled toreceive compensation pursuant to the provisions of this chapter unless theemployee or his dependents establish by a preponderance of the evidence thatthe employees occupational disease arose out of and in the course of hisemployment.

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

(Added to NRS by 1993, 764)

NRS 617.362 Paymentof compensation by insurer prohibited before required; recovery of overpaymentby insurer.

1. An insurer shall not provide compensation to or foran employee or his dependents before the compensation is required to be paidpursuant to the provisions of this chapter.

2. If, within 30 days after a payment is made to aninjured employee pursuant to the provisions of this chapter, the insurerdetermines that it has overpaid the employee as a result of a clerical error inits calculation of the amount of payment or as a result of using improper orincorrect information to determine the employees eligibility for compensationor to calculate the amount of payment, the insurer may deduct the amount of theoverpayment from future benefits related to that claim to which the employee isentitled, other than medical benefits, if:

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

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

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

3. Any deductions made pursuant to subsection 2 mustbe made in a reasonable manner which does not cause undue hardship to theemployee.

(Added to NRS by 1993, 761)

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

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

2. The employees medical records for the occupationaldisease reported do not include a reference to the injury or disease for whichtreatment is being sought,

the injuryor disease for which treatment is being sought must not be considered part ofthe employees original claim for compensation unless the physician or chiropractorestablishes by medical evidence a causal relationship between the injury anddisease for which treatment is being sought and the occupational disease reportedpursuant to NRS 617.344.

(Added to NRS by 1993, 761)

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

1. The resulting condition of an employee who:

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

(b) Subsequently contracts an occupational diseasewhich aggravates, precipitates or accelerates his preexisting condition,

shall bedeemed to be an occupational disease that is compensable pursuant to theprovisions of chapters 616A to 617, inclusive, of NRS, unless the insurer canprove by a preponderance of the evidence that the occupational disease is not asubstantial contributing cause of the resulting condition.

2. The resulting condition of an employee who:

(a) Contracts an occupational disease; and

(b) Subsequently aggravates, precipitates oraccelerates the occupational disease in a manner that does not arise out of andin the course of his employment,

shall bedeemed to be an occupational disease that is compensable pursuant to theprovisions of chapters 616A to 617, inclusive, of NRS, unless the insurer canprove by a preponderance of the evidence that the occupational disease is not asubstantial contributing cause of the resulting condition.

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

NRS 617.370 Medicalexamination; refusal to submit; testimony of physician.

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

(a) Requested by the insurer; or

(b) Ordered by an appeals officer, or a hearingofficer,

submithimself for medical examination at a time and from time to time at a placereasonably convenient for the employee, and as may be provided by theregulations of the Division.

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

3. The request or order for an examination must fix atime and place therefor, due regard being had to the nature of the medicalexamination, the convenience of the employee, his physical condition andability 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 examinationordered or requested pursuant to subsection 1 or 2 or obstructs theexamination, his right to compensation is suspended until the examination hastaken place, and no compensation is payable during or for the period ofsuspension.

6. Any physician who makes or is present at any suchexamination 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 deathfrom an occupational disease where in the opinion of the insurer it isnecessary to ascertain accurately and scientifically the cause of death, anautopsy may be ordered by the insurer. The autopsy must be made by a persondesignated by the insurer.

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

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

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

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

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

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

NRS 617.385 Limitationon receipt of modified motor vehicle as medical benefit.

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

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

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

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

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

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

(c) A new motor vehicle must be so modified.

(Added to NRS by 1993, 761)

NRS 617.390 Compensationfor both injury and disease.

1. Compensation may be awarded for both injury anddisease.

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

3. Compensation awarded for both injury and diseasemust 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 Compensationfor combination of injuries, illnesses and disabilities. A person described in this chapter may be determined to betotally disabled and eligible to receive compensation for disability as aresult of a combination of injuries, illnesses and disabilities arising out ofand in the course of his employment.

(Added to NRS by 1981, 850)

NRS 617.395 Compensationfor mastectomy and reconstructive surgery.

1. If compensation is paid to an employee under thischapter for the surgical procedure known as a mastectomy, the employee is alsoentitled to receive commensurate compensation for at least two prostheticdevices and for reconstructive surgery incident to the mastectomy. Except asotherwise provided in subsection 2, this compensation is subject to the samerequirements and conditions that apply to the compensation for the mastectomy.

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

3. For the purposes of this section, reconstructivesurgery means a surgical procedure performed following a mastectomy on onebreast or both breasts to reestablish symmetry between the two breasts. Theterm includes, but is not limited to, augmentation mammoplasty, reductionmammoplasty 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 ofdisability or death from a disease suffered by an employee who, at the time ofentering into the employment from which the disease is claimed to haveresulted, knowingly and falsely represented himself as not having previouslysuffered from the disease.

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

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

NRS 617.401 Compensationfrom uninsured employers claim account: Administration and payment of claims;eligibility of employee; liability of employer; powers and duties of Division;appeals; penalty.

1. The Division shall designate one:

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

(b) Insurer, other than a self-insured employer orassociation of self-insured public or private employers,

toadminister claims against the Uninsured Employers Claim Account. The designationmust be made pursuant to reasonable competitive bidding procedures establishedby the Administrator.

2. Except as otherwise provided in this subsection, anemployee may receive compensation from the Uninsured Employers Claim Accountif:

(a) He was hired in this State or he is regularlyemployed in this State;

(b) He contracts an occupational disease that arose outof and in the course of employment:

(1) In this State; or

(2) While on temporary assignment outside theState for not more than 12 months;

(c) He files a claim for compensation with theDivision; and

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

An employeewho contracts an occupational disease that arose out of and in the course ofemployment while on temporary assignment outside the State is not entitled toreceive compensation from the Uninsured Employers Claim Account unless he hasbeen denied workers compensation in the state in which the disease was contracted.

3. If the Division receives a claim pursuant tosubsection 2, the Division shall immediately notify the employer of the claim.

4. For the purposes of this section, the employer hasthe burden of proving that he provided mandatory coverage for occupationaldiseases for the employee or that he was not required to maintain industrialinsurance for the employee.

5. Any employer who has failed to provide mandatorycoverage required by the provisions of this chapter is liable for all paymentsmade on his behalf, including, but not limited to, any benefits, administrativecosts or attorneys fees paid from the Uninsured Employers Claim Account orincurred by the Division.

6. The Division:

(a) May recover from the employer the payments made bythe Division that are described in subsection 5 and any accrued interest bybringing a civil action in a court of competent jurisdiction.

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

(c) May enter into a contract with any person to assistin the collection of any liability of an uninsured employer.

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

7. The Division shall:

(a) Determine whether the employer was insured within30 days after receiving the claim from the employee.

(b) Assign the claim to the third-party administrator orinsurer designated pursuant to subsection 1 for administration and payment ofcompensation.

Upondetermining whether the claim is accepted or denied, the designated third-partyadministrator or insurer shall notify the injured employee, the named employerand the Division of its determination.

8. Upon demonstration of the:

(a) Costs incurred by the designated third-partyadministrator or insurer to administer the claim or pay compensation to theinjured employee; or

(b) Amount that the designated third-partyadministrator or insurer will pay for administrative expenses or compensationto the injured employee and that such amounts are justified by thecircumstances of the claim,

the Divisionshall authorize payment from the Uninsured Employers Claim Account.

9. Any partyaggrieved by a determination made by the Division regarding the assignment ofany claim made pursuant to this section may appeal that determination by filinga notice of appeal with an appeals officer within 30 days after the determinationis rendered. The provisions of NRS616C.345 to 616C.385, inclusive,apply to an appeal filed pursuant to this subsection.

10. Any party aggrieved by a determination to acceptor to deny any claim made pursuant to this section or by a determination to payor to deny the payment of compensation regarding any claim made pursuant tothis section may appeal that determination, within 70 days after thedetermination is rendered, to the Hearings Division of the Department ofAdministration in the manner provided by NRS616C.305 and 616C.315.

11. All insurers shall bear a proportionate amount ofa claim made pursuant to this chapter, and are entitled to a proportionateamount of any collection made pursuant to this section as an offset againstfuture liabilities.

12. An uninsured employer is liable for the intereston any amount paid on his claims from the Uninsured Employers Claim Account.The interest must be calculated at a rate equal to the prime rate at thelargest bank in Nevada, as ascertained by the Commissioner of FinancialInstitutions, on January 1 or July 1, as the case may be, immediately precedingthe date of the claim, plus 3 percent, compounded monthly, from the date theclaim is paid from the Account until payment is received by the Division fromthe employer.

13. Attorneys fees recoverable by the Divisionpursuant 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 moneycollected must be deposited to the Uninsured Employers Claim Account.

14. In addition to any other liabilities provided forin this section, the Administrator may impose an administrative fine of notmore than $10,000 against an employer if the employer fails to providemandatory 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; 2001, 2740, 2771; 2003, 2311)

NRS 617.402 Misrepresentationor concealment of fact to obtain benefits: Insurer entitled to reimbursement ordeduction from benefits; appeal of determination; alternative remedies.

1. If an insurer determines that an employee hasknowingly misrepresented or concealed a material fact to obtain any benefit orpayment under the provisions of this chapter, the insurer may deduct from anybenefits or payments due to the employee, the amount obtained by the employeebecause of the misrepresentation or concealment of a material fact. Theemployee shall reimburse the insurer for all benefits or payments receivedbecause of the knowing misrepresentation or concealment of a material fact.

2. An employee who is aggrieved by a determination ofan insurer made pursuant to subsection 1 may appeal that determination pursuantto NRS 616C.315 to 616C.385, inclusive. If the finaldecision by an appeals officer is favorable to the employee, the Administratorshall order the insurer to pay $2,000 to that employee, in addition to anybenefits 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 hadno reasonable basis for believing that the employee knowingly misrepresented orconcealed a material fact to obtain any benefit or payment.

3. This section does not preclude an insurer frommaking 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 Judicialreview of contested claims.

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

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

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

2. Judicial proceedings instituted for benefits for anoccupational disease under this chapter are limited to judicial review of thatdecision.

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

COMPENSATION FOR DISABILITY AND DEATH

NRS 617.410 Compensationpaid by insurer. Compensation for disabilitysustained on account of occupational disease by an employee, or the dependentsof 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 Minimumduration of incapacity; payment of medical benefits. Nocompensation may be paid under this chapter for disability which does notincapacitate the employee for at least 5 cumulative days within a 20-day periodfrom earning full wages, but if the incapacity extends for 5 or more dayswithin a 20-day period, the compensation must then be computed from the date ofdisability. The limitations in this section do not apply to medical benefits,which must be paid from the date of application for payment of medicalbenefits.

[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 ofan occupational disease, as defined in this chapter, arising out of and in thecourse of employment in the State of Nevada, or the dependents, as that term isdefined in chapters 616A to 616D, inclusive, of NRS, of an employee whosedeath is caused by an occupational disease, are entitled to the compensationprovided by those chapters for temporary disability, permanent disability ordeath, as the facts may warrant, subject to the modifications mentioned in thischapter.

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

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

(b) Employed by a self-insured employer, a member of anassociation of self-insured public or private employers, or an employer insuredby 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 Requirementsfor occupational disease to be deemed to arise out of and in course ofemployment.

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

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

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

(c) It can be fairly traced to the employment as theproximate cause; and

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

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

3. The disease need not have been foreseen orexpected, but after its contraction must appear to have had its origin in arisk connected with the employment, and to have flowed from that source as anatural consequence.

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

[Part 26:44:1947; A 1949, 365; 1953, 297](NRS A1961, 589; 1963, 874; 1967, 685; 1983, 458)

NRS 617.445 Determinationof date of disablement. In all cases underthis chapter, the date of disablement is such date as the insurer determines onhearing of the employees 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 Specificoccupational diseases; schedule. Except asotherwise provided in NRS 617.366, thefollowing diseases, as well as other occupational diseases defined in NRS 617.440, are considered occupationaldiseases and are compensable as such when contracted by an employee and whenarising out of and in the course of the employment in any process described inthis 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 bakers disease, bakers asthma or bakers 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 A1961, 590; 1993, 768)

NRS 617.453 Canceras occupational disease of firefighters.

1. Notwithstanding any other provision of thischapter, cancer, resulting in either temporary or permanent disability, ordeath, is an occupational disease and compensable as such under the provisionsof this chapter if:

(a) The cancer develops or manifests itself out of andin the course of the employment of a person who, for 5 years or more, has been:

(1) Employed in this State in a full-timesalaried occupation of fire fighting for the benefit or safety of the public;or

(2) Acting as a volunteer firefighter in thisState and is entitled to the benefits of chapters616A to 616D, inclusive, of NRS pursuantto the provisions of NRS 616A.145; and

(b) It is demonstrated that:

(1) He was exposed, while in the course of theemployment, to a known carcinogen as defined by the International Agency forResearch on Cancer or the National Toxicology Program; and

(2) The carcinogen is reasonably associated withthe disabling cancer.

2. Withrespect to a person who, for 5 years or more, has been employed in this Statein a full-time salaried occupation of fire fighting for the benefit or safetyof the public, the following substances shall be deemed, for the purposes ofparagraph (b) of subsection 1, to be known carcinogens that are reasonablyassociated with the following disabling cancers:

(a) Dieselexhaust, formaldehyde and polycyclic aromatic hydrocarbon shall be deemed to beknown carcinogens that are reasonably associated with bladder cancer.

(b) Acrylonitrile,formaldehyde and vinyl chloride shall be deemed to be known carcinogens thatare reasonably associated with brain cancer.

(c) Dieselexhaust and formaldehyde shall be deemed to be known carcinogens that arereasonably associated with colon cancer.

(d) Formaldehydeshall be deemed to be a known carcinogen that is reasonably associated withHodgkins lymphoma.

(e) Formaldehydeand polycyclic aromatic hydrocarbon shall be deemed to be known carcinogensthat are reasonably associated with kidney cancer.

(f) Chloroform,soot and vinyl chloride shall be deemed to be known carcinogens that arereasonably associated with liver cancer.

(g) Acrylonitrile,benzene, formaldehyde, polycyclic aromatic hydrocarbon, soot and vinyl chlorideshall be deemed to be known carcinogens that are reasonably associated withlymphatic or haemotopoietic cancer.

3. The provisions of subsection 2 do not create anexclusive list and do not preclude any person from demonstrating, on acase-by-case basis for the purposes of paragraph (b) of subsection 1, that asubstance is a known carcinogen that is reasonably associated with a disablingcancer.

4. Compensation awarded to the employee or hisdependents for disabling cancer pursuant to this section must include:

(a) Full reimbursement for related expenses incurredfor medical treatments, surgery and hospitalization in accordance with theschedule of fees and charges established pursuant to NRS 616C.260 or, if the insurer hascontracted with an organization for managed care or with providers of healthcare pursuant to NRS 616B.527, theamount that is allowed for the treatment or other services under that contract;and

(b) The compensation provided in chapters 616A to 616D,inclusive, of NRS for the disability or death.

5. Disabling cancer is presumed to have developed ormanifested itself out of and in the course of the employment of any firefighterdescribed in this section. This rebuttable presumption applies to disablingcancer diagnosed after the termination of the persons employment if thediagnosis occurs within a period, not to exceed 60 months, which begins withthe last date the employee actually worked in the qualifying capacity andextends for a period calculated by multiplying 3 months by the number of fullyears of his employment. This rebuttable presumption must control the awardingof benefits pursuant to this section unless evidence to rebut the presumptionis presented.

6. The provisions of this section do not create aconclusive presumption.

(Added to NRS by 1987, 1109; A 2003, 1739; 2005, 344)

NRS 617.454 Physicalexaminations: Required tests.

1. Any physical examination administered pursuant to NRS 617.455 or 617.457 must include:

(a) A thorough test of the functioning of the hearingof the employee; and

(b) A purified protein derivative skin test to screenfor exposure to tuberculosis.

2. The tests required by this section must be paid forby the employer.

(Added to NRS by 1991, 959; A 2001, 1017)

NRS 617.455 Lungdiseases as occupational diseases of firefighters and police officers.

1. Notwithstanding any other provision of thischapter, diseases of the lungs, resulting in either temporary or permanentdisability or death, are occupational diseases and compensable as such underthe 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 theemployment of a person who, for 2 years or more, has been:

(a) Employed in this State in a full-time salariedoccupation of fire fighting for the benefit or safety of the public;

(b) Acting as a volunteer firefighter in this State andis entitled to the benefits of chapters 616Ato 616D, inclusive, of NRS pursuant to theprovisions of NRS 616A.145; or

(c) Employed in a full-time salaried occupation as apolice officer in this State.

2. Except as otherwise provided in subsection 3, eachemployee who is to be covered for diseases of the lungs pursuant to theprovisions of this section shall submit to a physical examination, including athorough test of the functioning of his lungs and the making of an X-ray filmof his lungs, upon employment, upon commencement of the coverage, once everyeven-numbered year until he is 40 years of age or older and thereafter on anannual basis during his employment.

3. A thorough test of the functioning of the lungs isnot required for a volunteer firefighter.

4. All physical examinations required pursuant tosubsection 2 must be paid for by the employer.

5. A disease of the lungs is conclusively presumed to havearisen out of and in the course of the employment of a person who has beenemployed in a full-time continuous, uninterrupted and salaried occupation as apolice officer or firefighter for 5 years or more before the date ofdisablement.

6. Failure to correct predisposing conditions whichlead to lung disease when so ordered in writing by the examining physicianafter the annual examination excludes the employee from the benefits of thissection if the correction is within the ability of the employee.

7. A person who is determined to be:

(a) Partially disabled from an occupational diseasepursuant to the provisions of this section; and

(b) Incapable of performing, with or withoutremuneration, work as a firefighter or police officer,

may elect toreceive the benefits provided under NRS616C.440 for a permanent total disability.

(Added to NRS by 1965, 368; A 1975, 1195; 1981, 623,851; 1983, 458; 1987, 553; 1989, 1020; 2005, 345)

NRS 617.457 Heartdiseases as occupational diseases of firefighters and police officers.

1. Notwithstanding any other provision of thischapter, diseases of the heart of a person who, for 5 years or more, has beenemployed in a full-time continuous, uninterrupted and salaried occupation as afirefighter or police officer in this State before the date of disablement areconclusively presumed to have arisen out of and in the course of theemployment.

2. Notwithstanding any other provision of thischapter, diseases of the heart, resulting in either temporary or permanentdisability or death, are occupational diseases and compensable as such underthe provisions of this chapter if caused by extreme overexertion in times ofstress or danger and a causal relationship can be shown by competent evidencethat the disability or death arose out of and was caused by the performance ofduties 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 ormore, has served continuously as a volunteer firefighter in this State and whohas not reached the age of 55 years before the onset of the disease.

3. Except as otherwise provided in subsection 4, eachemployee who is to be covered for diseases of the heart pursuant to theprovisions of this section shall submit to a physical examination, including anexamination of the heart, upon employment, upon commencement of coverage andthereafter on an annual basis during his employment.

4. A physical examination is not required for avolunteer firefighter more than once every 3 years after an initialexamination.

5. All physical examinations required pursuant tosubsection 3 must be paid for by the employer.

6. Failure to correct predisposing conditions whichlead to heart disease when so ordered in writing by the examining physiciansubsequent to the annual examination excludes the employee from the benefits ofthis 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 diseasepursuant to the provisions of this section; and

(b) Incapable of performing, with or withoutremuneration, work as a firefighter or police officer,

may elect toreceive the benefits provided under NRS616C.440 for a permanent total disability.

8. Claims filed under this section may be reopened atany time during the life of the claimant for further examination and treatmentof the claimant upon certification by a physician of a change of circumstancesrelated to the occupational disease which would warrant an increase orrearrangement of compensation.

(Added to NRS by 1969, 592; A 1973, 768; 1981, 623,851; 1983, 459; 1987, 1424; 1989, 1021; 2005, 346)

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

1. The percentage of disability resulting from anoccupational disease of the heart or lungs must be determined jointly by theclaimants attending physician and the examining physician designated by theinsurer, in accordance with the American Medical Associations Guides to theEvaluation of Permanent Impairment as adopted and supplemented by theDivision pursuant to NRS 616C.110.

2. If the claimants attending physician and thedesignated examining physician do not agree upon the percentage of disability,they shall designate a physician specializing in the branch of medicine whichpertains to the disease in question to make the determination. If they do notagree upon the designation of such a physician, each shall choose one physicianso specializing, and two physicians so chosen shall choose a third specialistin that branch. The resulting panel of three physicians shall, by majorityvote, determine the percentage of disability in accordance with the AmericanMedical Associations Guides to the Evaluation of Permanent Impairmentas 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 Silicosisand diseases related to asbestos as occupational diseases; compensation andclaims.

1. Except as otherwise provided in NRS 617.366, silicosis and diseases relatedto asbestos are occupational diseases and are compensable as such whencontracted by an employee and when arising out of and in the course of theemployment.

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

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

4. No compensation may be paid in case of silicosis ora disease related to asbestos unless the injured employee has been exposed toharmful quantities of silicon dioxide dust or fibers of asbestos for not lessthan 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 diseaserelated to asbestos is payable only in the event of a temporary or permanentdisability, 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 allowthe conversion of the compensation benefits provided for in this section intothe payment of a lump sum. Payment of benefits and compensation is limited tothe claimant and his dependents.

6. Any claimant who has been disabled by silicosis ora disease related to asbestos before July 1, 1973, or his dependents, uponreceiving the maximum sum payable, $14,250, to which they are entitled, are notentitled to compensation from the insurer, but are entitled to continue toreceive the same amount of compensation from the account for pensions forsilicosis, diseases related to asbestos and other disabilities.

[Part 26:44:1947; A 1949, 365; 1953, 297](NRS A1957, 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 Occupationaldiseases of respiratory tract resulting from exposure to dusts. All conditions, restrictions, limitations and otherprovisions of NRS 617.460 with referenceto the payment of compensation or benefits on account of silicosis or a diseaserelated to asbestos are applicable to the payment of compensation or benefitson account of any other occupational disease of the respiratory tract resultingfrom injurious exposure to dusts.

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

NRS 617.481 Certaincontagious diseases as occupational diseases.

1. Notwithstanding any other provision of this chapterand except as otherwise provided in this section, if a person employed in thisState contracts a contagious disease during the course and scope of hisemployment that results in a temporary or permanent disability or death, thedisease is an occupational disease and compensable as such under the provisionsof this chapter if:

(a) It is demonstrated that the employee was exposed tothe contagious disease during the course and scope of his employment;

(b) The employee reported the exposure to his employerin compliance with the reporting requirements adopted by the employer; and

(c) A test to screen for the contagious disease that isapproved by the State Board of Health is administered to the employee:

(1) Within 72 hours after the date of theexposure and the employee tests negative for exposure to the contagiousdisease; and

(2) After the incubation period for thecontagious disease, as determined by the State Board of Health, but not laterthan 12 months after the date of the exposure, and the employee tests positivefor exposure to the contagious disease.

2. Such an employee and his dependents are excludedfrom the benefits of this section if:

(a) The employee refuses to be tested for exposure tothe contagious disease as required by subsection 1;

(b) The employee or his dependents are eligible toreceive 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 thatthe contagious disease did not arise out of and in the course of theemployment.

3. All tests for exposure to the contagious diseasethat are required pursuant to subsection 1 must be paid for by the employer.

4. Compensation awarded to an employee or hisdependents pursuant to this section must include:

(a) Full reimbursement for related expenses incurredfor:

(1) Preventive treatment administered as aprecaution to the employee; and

(2) Other medical treatments, surgery andhospitalization; 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, hepatitisB, hepatitis C, tuberculosis, the human immunodeficiency virus or acquiredimmune deficiency syndrome.

(b) Exposed or exposure means the introduction ofblood or other infectious materials into the body of an employee during theperformance of his official duties through the skin, eye, mucous membrane orparenteral contact. The term includes contact with airborne materials carryingtuberculosis.

(c) Preventive treatment includes, withoutlimitation, tests to determine if an employee has contracted the contagiousdisease to which he was exposed.

(Added to NRS by 2001, 827)

NRS 617.485 Hepatitisas occupational disease of police officers, firefighters and emergency medicalattendants.

1. Notwithstanding any other provision of this chapterand 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 ofhis employment if the employee has been continuously employed for 5 years ormore as a police officer, full-time salaried firefighter or emergency medicalattendant in this State before the date of any temporary or permanentdisability or death resulting from the hepatitis.

2. Compensation awarded to a police officer,firefighter or emergency medical attendant, or to the dependents of such aperson, for hepatitis pursuant to this section must include:

(a) Full reimbursement for related expenses incurredfor 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 emergencymedical attendant shall:

(a) Submit to a blood test to screen for hepatitis C uponemployment, upon the commencement of coverage and thereafter on an annual basisduring his employment.

(b) Submit to ablood test to screen for hepatitis A and hepatitis B upon employment, upon thecommencement of coverage and thereafter on an annual basis during hisemployment, except that a police officer, salaried firefighter or emergencymedical attendant is not required to submit to a blood test to screen forhepatitis A and hepatitis B on an annual basis during his employment if he hasbeen vaccinated for hepatitis A and hepatitis B upon employment or at othermedically appropriate times during his employment. Each employer shall providea police officer, salaried firefighter or emergency medical attendant with theopportunity to be vaccinated for hepatitis A and hepatitis B upon employmentand at other medically appropriate times during his employment.

4.All blood tests required pursuant to this section and all vaccinationsprovided 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), donot apply to a police officer, firefighter or emergency medical attendant whois diagnosed with hepatitis upon employment.

(b) Apply to a police officer, firefighter or emergencymedical attendant who is diagnosed with hepatitis upon employment if, duringthe employment or within 1 year after the last day of the employment, he isdiagnosed with a different strain of hepatitis.

(c) Apply to a police officer, firefighter or emergencymedical attendant who is diagnosed with hepatitis after the termination of theemployment if the diagnosis is made within 1 year after the last day of theemployment.

6. A police officer, firefighter or emergency medicalattendant who is determined to be:

(a) Partially disabled from an occupational diseasepursuant to the provisions of this section; and

(b) Incapable of performing, with or withoutremuneration, work as a police officer, firefighter or emergency medicalattendant,

may elect toreceive the benefits provided pursuant to NRS616C.440 for a permanent total disability.

7. As used in this section:

(a) Emergency medical attendant means a personlicensed as an attendant or certified as an emergency medical technician,intermediate emergency medical technician or advanced emergency medicaltechnician 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 withor 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.

(Added to NRS by 2001, 1874; A 2003, 3413; 2005, 346)

NRS 617.487 Hepatitisas occupational disease of certain other police officers.

1. Notwithstanding any other provision of this chapterand 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 ofhis employment if the employee has been continuously employed for 5 years ormore as a police officer or a sheriff, deputy sheriff, officer of ametropolitan police department or city policeman in this State before the dateof any temporary or permanent disability or death resulting from the hepatitis.

2. Compensation awarded to a police officer, or to thedependents of a police officer, for hepatitis pursuant to this section mustinclude:

(a) Full reimbursement for related expenses incurredfor 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 shall:

(a) Submit to a blood test to screen for hepatitis Cupon employment and upon the commencement of coverage.

(b) If the employer of the police officer providesscreening for hepatitis C for police officers on an annual basis, submit to ablood test to screen for hepatitis C thereafter on an annual basis during hisemployment.

(c) If the employer of the police officer providesscreening for hepatitis A and hepatitis B for police officers, submit to ablood test to screen for hepatitis A and hepatitis B upon employment, upon thecommencement of coverage and thereafter on an annual basis during hisemployment, except that a police officer is not required to submit to a bloodtest to screen for hepatitis A and hepatitis B on an annual basis during hisemployment if he has been vaccinated for hepatitis A and hepatitis B uponemployment or at other medically appropriate times during his employment. Eachemployer shall provide a police officer with the opportunity to be vaccinatedfor hepatitis A and hepatitis B upon employment and at other medicallyappropriate times during his employment.

4. All blood tests required pursuant to this sectionand all vaccinations provided pursuant to this section must be paid for by theemployer.

5. The provisions of this section:

(a) Except as otherwise provided in paragraph (b), donot apply to a police officer who is diagnosed with hepatitis upon employment.

(b) Apply to a police officer who is diagnosed withhepatitis upon employment if, during the employment or within 1 year after thelast day of the employment, he is diagnosed with a different strain ofhepatitis.

(c) Apply to a police officer who is diagnosed withhepatitis after the termination of the employment if the diagnosis is madewithin 1 year after the last day of the employment.

6. A police officer who is determined to be:

(a) Partially disabled from an occupational diseasepursuant to the provisions of this section; and

(b) Incapable of performing, with or withoutremuneration, work as a police officer,

may elect toreceive the benefits provided pursuant to NRS616C.440 for a permanent total disability.

7. As used in this section:

(a) Hepatitis includes hepatitis A, hepatitis B,hepatitis C and any additional diseases or conditions that are associated withor result from hepatitis A, hepatitis B or hepatitis C.

(b) Police officer means any police officer otherthan a sheriff, deputy sheriff, officer of a metropolitan police department orcity policeman.

(Added to NRS by 2005, 2239)

PROHIBITED ACTS; PENALTIES

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

[Part 41:44:1947; 1943 NCL 2800.41]

NRS 617.510 Penaltiesand remedies are cumulative; exception. Exceptas otherwise provided in NRS 617.017, nopenalty or remedy provided in this chapter is exclusive of any other penalty orremedy, but is cumulative and in addition to every other penalty or remedy andmay be exercised without exhausting and without regard to any other penalty orremedy provided by this chapter or any other statute.

(Added to NRS by 1993, 762)

 

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