USA Statutes : nevada
Title : Title 53 - LABOR AND INDUSTRIAL RELATIONS
Chapter : CHAPTER 617 - OCCUPATIONAL DISEASES
This chapter shall be known as the
Nevada Occupational Diseases Act.
[1:44:1947; 1943 NCL § 2800.01]
Every employee and the dependent or dependents of such employee and the
employer or employers of such employee shall be entitled to all the
applicable rights, benefits and immunities and shall be subject to all
the applicable liabilities and regulations provided for injured employees
and their employers by chapters 616A to
616D , inclusive, of NRS unless otherwise
provided in this chapter.
[Part 41:44:1947; 1943 NCL § 2800.41]—(Substituted in revision for
NRS 617.240)
1. The rights and remedies provided in this chapter on account of
an occupational disease sustained by an employee, arising out of and in
the course of the employment, are exclusive, except as otherwise provided
in this chapter, of all other rights and remedies of the employee, his
personal or legal representative, dependents or next of kin, at common
law or otherwise, on account of the disease.
2. The terms, conditions and provisions of this chapter for the
payment of compensation and the amount thereof for such diseases
sustained or death resulting from such diseases are conclusive,
compulsory and obligatory upon both employers and employees coming within
the provisions of this chapter.
3. The exclusive remedy provided by this section to a principal
contractor extends, with respect to any occupational disease sustained by
an employee of any contractor in the performance of the contract, to
every architect or engineer who performs services for the contractor or
any such beneficially interested persons.
4. If an employee receives any compensation or medical benefits
under this chapter, the acceptance of the compensation or benefits is in
lieu of any other compensation, award or recovery against his employer
under the laws of any other state or jurisdiction and the employee is
barred from commencing any action or proceeding for the enforcement or
collection of any benefits or award under the laws of any other state or
jurisdiction.
[19:44:1947; 1943 NCL § 2800.19]—(NRS A 1983, 456)—(Substituted in
revision for NRS 617.270)
Unless a different meaning is clearly
indicated by the context, the definitions set forth in NRS 617.030 to 617.150 ,
inclusive, and the definitions set forth in chapter 616A of NRS for additional terms and phrases govern the
construction and meaning of the terms and phrases used in this chapter.
[3:44:1947; 1943 NCL § 2800.03] + [4:44:1947; 1943 NCL §
2800.04]—(NRS A 1975, 650; 1977, 188; 1987, 589)
“Casual” refers only to employments
where the work contemplated is to be completed in 20 working days or
parts thereof in a calendar quarter, without regard to the number of
persons employed, and where the total labor cost of the work is less than
$500.
[Part 11:44:1947; 1943 NCL § 2800.11]—(NRS A 1981, 716; 1987, 923)
“Compensation” means the
money which is payable to an employee or to his dependents as provided
for in this chapter, and includes benefits for funerals, medical benefits
and money for rehabilitative services.
[7:44:1947; 1943 NCL § 2800.07]—(NRS A 1987, 923)
“Disablement” and “total disablement” are used interchangeably in this
chapter and mean the event of becoming physically incapacitated by reason
of an occupational disease arising out of and in the course of employment
as defined in this chapter from engaging, for remuneration or profit, in
any occupation for which he is or becomes reasonably fitted by education,
training or experience.
[Part 27:44:1947; 1943 NCL § 2800.27]—(NRS A 1973, 367; 1981, 716)
“Disease
related to asbestos” means any disease caused by the inhalation of the
fibers of asbestos, including but not limited to:
1. Interstitial pulmonary fibrosis;
2. Mesothelioma; and
3. Bronchogenic, laryngeal, lymphatic or gastrointestinal
carcinoma.
(Added to NRS by 1987, 589)
“Employee” and
“workman” are used interchangeably in this chapter and mean every person
in the service of an employer under any appointment or contract of hire
or apprenticeship, express or implied, oral or written, whether lawfully
or unlawfully employed, and include, but not exclusively:
1. Aliens and minors.
2. All elected and appointed paid public officers.
3. Members of boards of directors of quasi-public or private
corporations while rendering actual service for such corporations for pay.
4. Volunteer 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 members of local
supporting bands and orchestras commonly known as house bands.
[10:44:1947; 1943 NCL § 2800.10]—(NRS A 1965, 368; 1967, 1370;
1975, 621, 1021; 1979, 949; 1987, 600; 2005, 343 )
“Employee” excludes:
1. Any person whose employment is both casual and not in the
course of the trade, business, profession or occupation of his employer.
2. Any person engaged in household domestic service, farm, dairy,
agricultural or horticultural labor, or in stock or poultry raising,
except as otherwise provided in this chapter.
3. Any person engaged as a theatrical or stage performer or in an
exhibition.
4. Musicians when their services are merely casual in nature and
not lasting more than 2 consecutive days, and not recurring for the same
employer, as in wedding receptions, private parties and similar
miscellaneous engagements.
5. Any person performing services as a voluntary ski patrolman who
receives no compensation for his services other than meals, lodging, or
use of the ski tow or lift facilities.
6. Any person who performs services as a sports official for a
nominal fee at a sporting event that is amateur, intercollegiate or
interscholastic and is sponsored by a public agency, public entity or
private, nonprofit organization. As used in this subsection, “sports
official” includes an umpire, referee, judge, scorekeeper, timekeeper or
other person who is a neutral participant in a sporting event.
7. Any person who:
(a) Directly sells or solicits the sale of products, in person or
by telephone:
(1) On the basis of a deposit, commission, purchase for
resale or similar arrangement specified by the Administrator of the
Division of Industrial Relations of the Department of Business and
Industry by regulation, if the products are to be resold to another
person in his home or place other than a retail store; or
(2) To another person from his home or place other than a
retail store;
(b) Receives compensation or remuneration based on sales to
customers rather than for the number of hours that he works; and
(c) Performs pursuant to a written agreement with the person for
whom the services are performed which provides that he is not an employee
for the purposes of this chapter.
[Part 11:44:1947; 1943 NCL § 2800.11]—(NRS A 1975, 1021; 1979, 950;
1981, 716; 1997, 163; 2003, 1586 )
Except as provided in subsection 2 of NRS 617.250
, a lessee engaged in either mining or
operating a reduction plant shall be deemed to be:
1. An employee of the lessor; and
2. For the purposes of this chapter, employed at the average wage
paid to a miner employed regularly in the same locality.
(Added to NRS by 1987, 600)
1. Except as otherwise provided in NRS 617.175 , subcontractors, independent contractors and
the employees of either shall be deemed to be employees of the principal
contractor for the purposes of this chapter.
2. This section does not affect the relationship between a
principal contractor and a subcontractor or independent contractor for
any purpose outside the scope of this chapter.
[16:44:1947:1943 NCL § 2800.16]—(NRS A 1981, 716; 1991, 2430)
Any real estate
licensee doing business in this State and receiving wages, commissions or
other compensation based upon sales shall be deemed for the purpose of
this chapter to earn wages of $1,500 per month.
(Added to NRS by 1977, 928; A 1999, 1731 )
“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 and private
corporation, including any public service corporation, which has in
service any employee under a contract of hire.
3. The legal representative of any deceased employer.
4. The Nevada Rural Housing Authority.
[Part 9:44:1947; A 1949, 365; 1951, 372]—(NRS A 1975, 1022; 1981,
716; 1995, 819; 2001, 610 )
“Independent
contractor” means any person who renders service for a specified
recompense for a specified result, under the control of his principal as
to the result of his work only and not as to the means by which such
result is accomplished.
[12:44:1947; 1943 NCL § 2800.12]
1. “Medical benefits” means medical, surgical, hospital or other
treatments, nursing, medicine, medical and surgical supplies, crutches
and apparatus, including prosthetic devices.
2. The term does not include:
(a) Exercise equipment, a hot tub or a spa for an employee’s home;
(b) Membership in an athletic or health club;
(c) Except as otherwise provided in NRS 617.385 , a motor vehicle; or
(d) The costs of operating a motor vehicle provided pursuant to NRS
617.385 , fees related to the operation
or licensing of the motor vehicle or insurance for the motor vehicle.
[8:44:1947; 1943 NCL § 2800.08]—(NRS A 1993, 765)
“Police officer” includes:
1. A sheriff, deputy sheriff, officer of a metropolitan police
department or city policeman;
2. A chief, inspector, supervisor, commercial officer or trooper
of the Nevada Highway Patrol Division of the Department of Public Safety;
3. A chief, investigator or agent of the Investigation Division of
the Department of Public Safety;
4. An officer or investigator of the Section for the Control of
Emissions From Vehicles and the Enforcement of Matters Related to the Use
of Special Fuel of the Department of Motor Vehicles;
5. An investigator of the Division of Compliance Enforcement of
the Department of Motor Vehicles;
6. A member of the police department of the Nevada System of
Higher Education;
7. A:
(a) Uniformed employee of; or
(b) Forensic specialist employed by,
Ê the Department of Corrections whose position requires regular and
frequent contact with the offenders imprisoned and subjects the employee
to recall in emergencies;
8. A parole and probation officer of the Division of Parole and
Probation of the Department of Public Safety;
9. A forensic specialist or correctional officer employed by the
Division of Mental Health and Developmental Services of the Department of
Health and Human Services at facilities for mentally disordered offenders;
10. The State Fire Marshal, his assistant and his deputies; and
11. A game warden of the Department of Wildlife who has the powers
of a peace officer pursuant to NRS 289.280 .
(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 )
“Silicosis” shall mean a disease
of the lungs caused by breathing silica dust (silicon dioxide) producing
fibrous nodules, distributed through the lungs and demonstrated by X-ray
examination or by autopsy.
[Part 26:44:1947; A 1949, 365; 1953, 297]
“Sole proprietor” means a
self-employed owner of an unincorporated business who has been domiciled
in the State of Nevada for at least 6 months immediately prior to filing
for coverage and includes working partners and members of working
associations. Coverage remains in effect only if the sole proprietor
remains a domiciliary of Nevada.
(Added to NRS by 1975, 1020; A 1981, 717)
“Subcontractors” shall
include independent contractors.
[15:44:1947; 1943 NCL § 2800.15]
ADMINISTRATION
This chapter must be administered by the Division of Industrial
Relations of the Department of Business and Industry in the same manner
as provided for in chapters 616A to 616D
, inclusive, of NRS.
[2:44:1947; 1943 NCL § 2800.02] + [Part 39:44:1947; A 1951,
372]—(NRS A 1973, 1597; 1981, 1499; 1993, 1876)
The
Chief of the Hearings Division of the Department of Administration may by
regulation provide for specific procedures for the determination of
contested cases not inconsistent with this chapter.
(Added to NRS by 1973, 1596; A 1975, 764; 1977, 1390; 1981, 1140)
PREMIUMS AND ACCOUNTS
Every employer insured by a private carrier, to receive the
benefits of this chapter and to provide and secure compensation for his
employees, shall pay premiums according to the classification and rules
filed by the advisory organization, and the rates filed by the insurers,
with the Commissioner.
[Part 33:44:1947; 1943 NCL § 2800.33]—(NRS A 1979, 1061; 1981,
1502; 1983, 1308; 1995, 2035; 1999, 1802 )
1. There is hereby created in the State General Fund the Account
for Pensions for Silicosis, Diseases Related to Asbestos and Other
Disabilities. The Account consists of money appropriated to the Account
by the Legislature and interest and income earned pursuant to subsection
2.
2. The interest and income earned on money in the Account, after
deducting any applicable charges, must be credited to the Account.
3. The Account must be administered by the State Treasurer. The
money in the Account may be expended only for the purposes set forth in
NRS 617.168 and none of the money in
the Account may be expended for administrative purposes. The expenditures
must be made on claims approved by the insurer and paid as other claims
against the State are paid.
(Added to NRS by 1975, 821; A 1981, 1502; 1983, 1589; 1985, 723;
1987, 590; 1991, 1802; 1999, 1802 )
1. The money in the Account for Pensions for Silicosis, Diseases
Related to Asbestos and Other Disabilities must be expended to provide:
(a) The continuing benefits described in subsection 6 of NRS
617.460 ;
(b) The increased benefits for permanent total disability described
in NRS 616C.455 ; and
(c) The increased death benefits described in NRS 616C.510 .
2. Upon receiving a monthly statement showing the amount of
benefits to be paid for the month to the persons entitled thereto
pursuant to subsection 1, the State Treasurer shall pay an amount equal
to that shown on the statement from the Account to the insurer.
3. At such time as all claimants, their dependents, widows,
widowers, surviving children or surviving parent who are provided
benefits or increased benefits pursuant to the provisions of subsection 1
are no longer eligible for those benefits, the balance of the Account
must revert to the State General Fund.
(Added to NRS by 1975, 822; A 1981, 1502; 1985, 723; 1987, 590;
1991, 1802; 1999, 1802 )
LIABILITY FOR PROVISION OF COVERAGE
Applicability
Nothing in this chapter shall create any liability
on the part of any employer where disability or death occurred prior to
July 1, 1947.
[40:44:1947; 1943 NCL § 2800.40]
1. A person is not an employer for the purposes of this chapter if:
(a) He enters into a contract with another person or business which
is an independent enterprise; and
(b) He is not in the same trade, business, profession or occupation
as the independent enterprise.
2. As used in this section, “independent enterprise” means a
person who holds himself out as being engaged in a separate business and:
(a) Holds a business or occupational license in his own name; or
(b) Owns, rents or leases property used in furtherance of his
business.
3. The provisions of this section do not apply to a principal
contractor who is licensed pursuant to chapter 624 of NRS.
(Added to NRS by 1991, 2429)—(Substituted in revision for NRS
617.155)
1. Except as otherwise provided for in this chapter, no contract
of employment, insurance, relief benefit, indemnity, or any other device,
shall modify, change or waive any liability created by this chapter.
2. A contract of employment, insurance, relief benefit, indemnity,
or other device having for its purpose the waiver or modification of the
terms of liability created by this chapter shall be void.
[24:44:1947; A 1951, 372]
1. Every employer within the provisions of this chapter, and those
employers who accept the terms of this chapter and are governed by its
provisions, shall provide and secure compensation according to the terms,
conditions and provisions of this chapter for all occupational diseases
contracted by an employee arising out of and in the course of the
employment.
2. In such cases the employer or any insurer of the employer is
relieved from other liability for recovery of damages or other
compensation for those occupational diseases, unless otherwise provided
by the terms of this chapter.
[Part 18:44:1947; A 1949, 365; 1953, 297]—(NRS A 1995, 2035)
A principal contractor is not liable for the
payment of compensation for any occupational disease contracted by any
independent contractor or any employee of an independent contractor if:
1. The contract between the principal contractor and the
independent contractor is in writing and the contract provides that the
independent contractor agrees to maintain coverage for industrial
insurance pursuant to this chapter;
2. Proof of such coverage is provided to the principal contractor;
3. The principal contractor is not engaged in any construction
project; and
4. The independent contractor is not in the same trade, business,
profession or occupation as the principal contractor.
(Added to NRS by 1991, 2429)
300 .
1. An employer who is certified as a self-insured employer
directly assumes the responsibility for providing compensation due his
employees and their beneficiaries under this chapter.
2. A self-insured employer is not required to pay the
contributions required of other employers by NRS 617.1665 .
3. The claims of employees and their beneficiaries resulting from
occupational diseases while in the employment of self-insured employers
must be handled in the manner provided by this chapter, and the
self-insured employer is subject to the regulations of the Division with
respect thereto.
4. The security deposited pursuant to NRS 616B.300 does not relieve the employer from
responsibility for the administration of claims and payment of
compensation under this chapter.
5. A self-insured employer qualifying under the provisions of this
chapter must comply with the provisions of NRS 616B.300 .
(Added to NRS by 1979, 1061; A 1981, 1499; 1993, 1876)
1. An association that is certified as an association of
self-insured public or private employers directly assumes the
responsibility for providing compensation due the employees of the
members of the association and their beneficiaries under this chapter.
2. An association is not required to pay the contributions
required of employers by NRS 617.1665 .
3. The claims of employees and their beneficiaries resulting from
occupational diseases while in the employment of a member of an
association must be handled in the manner provided by this chapter, and
the association is subject to the regulations of the Division with
respect thereto.
4. The security deposited pursuant to NRS 616B.353 does not relieve the association from
responsibility for the administration of claims and payment of
compensation under this chapter.
5. An association of self-insured public or private employers
qualifying under the provisions of this chapter must comply with the
provisions of NRS 616B.353 .
(Added to NRS by 1993, 762)
1. If a quasi-public or private corporation or limited-liability
company is required to be insured pursuant to this chapter, an officer of
the corporation or a manager of the company who:
(a) Receives pay for service performed shall be deemed for the
purposes of this chapter to receive a minimum pay of $6,000 per policy
year and a maximum pay of $36,000 per policy year.
(b) Does not receive pay for services performed shall be deemed for
the purposes of this chapter to receive a minimum pay of $500 per month
or $6,000 per policy year.
2. An officer or manager who does not receive pay for services
performed may elect to reject coverage for himself by filing written
notice thereof with the corporation or company and the insurer. The
rejection is effective upon receipt of the notice by the insurer.
3. An officer or manager of such a corporation or company who:
(a) Owns the corporation or company; and
(b) Receives pay for the services performed,
Ê may elect to reject coverage for himself by filing written notice
thereof with the insurer. The rejection is effective upon receipt of the
notice by the insurer.
4. An officer or manager who has rejected coverage may rescind
that rejection by filing written notice thereof with the corporation or
company and the insurer. The rescission is effective upon receipt of the
notice by the insurer.
(Added to NRS by 1987, 599; A 1993, 44; 1997, 1445, 1500; 1999, 455
, 1732 ; 2001, 113 , 610 , 2457 ; 2003, 1587 )
NRS 617.210 Contractor with State or political subdivision:
Submission of certificate of compliance; coverage pursuant to contract;
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 with the
State or any political subdivision thereof, or a metropolitan police
department, the contractor shall furnish to the state agency, political
subdivision or metropolitan police department having charge of the
letting of the contract a certificate of the insurer certifying that the
contractor has complied with the provisions of this chapter. A state
agency, political subdivision or metropolitan police department may
furnish coverage under this chapter for a contractor as specified in the
contract.
2. In lieu of furnishing a certificate of an insurer pursuant to
the provisions of subsection 1, a sole proprietor who does not use the
services of his employees, if any, in the performance of a contract with
the State or any political subdivision thereof, or a metropolitan police
department, may submit to a state agency, political subdivision or
metropolitan police department an affidavit indicating that the sole
proprietor:
(a) In accordance with the provisions of NRS 617.225 , has not elected to be included within 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 specified in
subsection 2 to a state agency, political subdivision or metropolitan
police department specified in subsection 1, the state agency, political
subdivision or metropolitan police department shall not require the sole
proprietor to obtain coverage for himself under this chapter during any
period in which he performs work under the contract for which he
submitted the affidavit.
4. A state agency, political subdivision or metropolitan police
department that lets a contract to a sole proprietor pursuant to
subsection 1:
(a) Shall be deemed not to be the employer of the sole proprietor
or his employees, if any; and
(b) Is not liable as a principal contractor to the sole proprietor
or his employees, if any, for any compensation or other damages as a
result of an industrial injury or occupational disease incurred in the
performance of the contract.
[20:44:1947; 1943 NCL § 2800.20]—(NRS A 1981, 1500; 1985, 665;
1993, 550; 2001, 611 )
If any employer fails to provide and
secure compensation under this chapter, any employee contracting an
occupational disease as provided in this chapter, or, in case of death,
his dependents, may bring an action at law against the employer for
damages as if this chapter did not apply.
[22:44:1947; A 1949, 365; 1953, 297]—(NRS A 1967, 637; 1977, 237;
1991, 2432)—(Substituted in revision for NRS 617.490)
Election of Coverage
Employers whose employees are excluded by NRS 617.080 may elect to cover such employees under the
provisions of this chapter by notifying the insurer and the Administrator
in writing. The notification subjects an employer to the provisions of
this chapter until he submits to the insurer and the Administrator a
notice in writing that he withdraws his election.
[Part 9:44:1947; A 1949, 365; 1951, 372]—(NRS A 1975, 1022; 1981,
1500; 1987, 655)
1. A sole proprietor may elect to be included within the terms,
conditions and provisions of this chapter to secure for himself
compensation equivalent to that to which an employee is entitled for any
occupational disease contracted by the sole proprietor which arises out
of and in the course of his self-employment by filing a written notice of
election with the Administrator and a private carrier.
2. A private carrier may require a sole proprietor who elects to
accept the terms, conditions and provisions of this chapter to submit to
a physical examination by a physician selected by the private carrier
before the commencement of coverage and on a yearly basis thereafter. If
a private carrier requires such a physical examination, the private
carrier shall prescribe the scope of the examination and shall consider
it for rating purposes. The cost of the physical examination must be paid
by the sole proprietor.
3. A sole proprietor who elects to submit to the provisions of
this chapter shall pay to the private carrier premiums in such manner and
amounts as may be prescribed by the regulations of the Commissioner.
4. If a sole proprietor fails to pay all premiums required by the
regulations of the Commissioner, the failure operates as a rejection of
this chapter.
5. A sole proprietor who elects to be included under the
provisions of this chapter remains subject to all terms, conditions and
provisions of this chapter and all regulations of the Commissioner until
he files a written notice with the private carrier and the Administrator
that he withdraws his election.
6. For purposes of this chapter, a sole proprietor shall be deemed
to be an employee receiving a wage of $300 per month.
(Added to NRS by 1975, 1020; A 1981, 1500; 1993, 1877; 1995, 2034;
1999, 1803 ; 2001, 2458 ; 2003, 175 )
1. A lessee engaged in either mining or operating a reduction
plant, whose employer is within the provisions of this chapter, must be
reported by the employer separately from persons employed at a daily
wage, and the report must describe briefly:
(a) The agreement under which the work is to be performed;
(b) The aggregate number of shifts worked during the preceding
month; and
(c) The total amount earned by lessees, computed on the average
daily wages of workmen engaged in like work in the same locality.
Ê Otherwise, the payroll reports and premium payments on earnings of
lessees described in this section are governed by the requirements of
this chapter regarding employees engaged at a regular wage.
2. If such a lessee files with the Administrator and the insurer
an acceptance of the provisions of this chapter and, if applicable, pays
the premiums in advance upon the estimated earnings of himself and any
workmen he may employ, the lessor is relieved of this obligation.
[14:44:1947; 1943 NCL § 2800.14]—(NRS A 1967, 1370; 1975, 621,
1022; 1977, 236; 1981, 1500; 1987, 600; 1995, 2035)
REPORTS OF OCCUPATIONAL DISEASES AND CLAIMS FOR COMPENSATION
1. An employee or, in the event of the employee’s death, one of
his dependents, shall provide written notice of an occupational disease
for which compensation is payable under this chapter to the employer of
the employee as soon as practicable, but within 7 days after the employee
or dependent has knowledge of the disability and its relationship to the
employee’s employment.
2. The notice required by subsection 1 must:
(a) Be on a form prescribed by the Administrator. The form must
allow the employee or his dependent to describe briefly the circumstances
which caused the disease or death.
(b) Be signed by the employee or by a person on his behalf, or in
the event of the employee’s death, by one of his dependents or by a
person acting on behalf of the dependent.
(c) Include an explanation of the procedure for filing a claim for
compensation.
(d) Be prepared in duplicate so that the employee or his dependent
and the employer can retain a copy of the notice.
3. Upon receipt of the notice required by subsection 1, the
employer, the employee’s supervisor or the agent of the employer who was
in charge of the type of work performed by the employee shall sign the
notice. The signature of the employer, the supervisor or the employer’s
agent is an acknowledgment of the receipt of the notice and shall not be
deemed to be a waiver of any of the employer’s defenses or rights.
4. An employer shall maintain a sufficient supply of the forms
required to file the notice required by subsection 1 for use by his
employees.
5. An employer shall retain any notice provided pursuant to
subsection 1 for 3 years after the date of the receipt of the notice. An
employer insured by a private carrier shall not file a notice of injury
with the private carrier.
(Added to NRS by 1993, 762; A 1995, 2161; 1997, 1445; 1999, 1803
)
1. Except as otherwise provided in subsection 2, an employee who
has incurred an occupational disease, or a person acting on his behalf,
shall file a claim for compensation with the insurer within 90 days after
the employee has knowledge of the disability and its relationship to his
employment.
2. In the event of the death of the employee resulting from the
occupational disease, a dependent of the employee, or a person acting on
his behalf, shall file a claim for compensation with the insurer within 1
year after the death of the employee.
3. The claim for compensation must be filed on a form prescribed
by the Administrator.
(Added to NRS by 1993, 763)
The claims of employees and their dependents
resulting from injuries while in the employment of employers insured by a
private carrier must be handled in the manner provided in this chapter,
and the employer and the private carrier are subject to the regulations
of the Division with respect thereto.
(Added to NRS by 1995, 2034)
1. Except as otherwise provided in subsection 2, an employee or,
in the event of the death of the employee, his dependent, is barred from
recovering compensation pursuant to the provisions of this chapter if he
fails to file a notice of an occupational disease pursuant to NRS 617.342
or a claim for compensation pursuant to
NRS 617.344 .
2. An insurer may excuse the failure to file a notice of an
occupational disease or claim for compensation pursuant to the provisions
of this section if:
(a) The employee’s disease or another cause beyond his control
prevented him from providing the notice or the claim;
(b) The failure was caused by the employee’s or dependent’s mistake
or ignorance of fact or of law;
(c) The failure was caused by the physical or mental inability of
the employee or the dependent; or
(d) The failure was caused by fraud, misrepresentation or deceit.
(Added to NRS by 1993, 763)
A dependent of an
employee may not file a claim for compensation for an occupational
disease pursuant to the provisions of this chapter if:
1. The time for filing the claim has expired pursuant to NRS
617.346 ; or
2. The employee or another dependent filed a claim for
compensation for that occupational disease, the claim was denied and the
denial has become final pursuant to the regulations adopted pursuant to
NRS 617.165 or in an action for
judicial review filed pursuant to NRS 617.405 .
(Added to NRS by 1993, 762)
1. Except as otherwise provided in this section, a treating
physician or chiropractor shall, within 3 working days after first
providing treatment to an employee who has incurred an occupational
disease, complete and file a claim for compensation with the employer of
the employee and the employer’s insurer. If the employer is a
self-insured employer, the treating physician or chiropractor shall file
the claim for compensation with the employer’s third-party administrator.
If the physician or chiropractor files the claim for compensation by
electronic transmission, the physician or chiropractor shall, upon
request, mail to the insurer or third-party administrator the form that
contains the original signatures of the employee and the physician or
chiropractor. The form must be mailed within 7 days after receiving such
a request.
2. A physician or chiropractor who has a duty to file a claim for
compensation pursuant to subsection 1 may delegate the duty to a medical
facility. If the physician or chiropractor delegates the duty to a
medical facility:
(a) The medical facility must comply with the filing requirements
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 medical facility.
3. A claim for compensation required by subsection 1 must be filed
on a form prescribed by the Administrator.
4. If a claim for compensation is accompanied by a certificate of
disability, the certificate must include a description of any limitation
or restrictions on the employee’s ability to work.
5. Each physician, chiropractor and medical facility that treats
employees who have incurred occupational diseases, each insurer,
third-party administrator and employer, and the Division shall maintain
at their offices a sufficient supply of the forms prescribed by the
Administrator for filing a claim for compensation.
6. The Administrator may impose an administrative fine of 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 claim for
compensation has been delegated to the medical facility pursuant to this
section.
(Added to NRS by 1993, 764; A 1995, 649; 1997, 1446; 2003, 2309
)
1. Except as otherwise provided in NRS 616B.727 , within 6 working days after the receipt of
a claim for compensation from a physician or chiropractor, or a medical
facility if the duty to file the claim for compensation has been
delegated to the medical facility pursuant to NRS 617.352 , an employer shall complete and file with his
insurer or third-party administrator an employer’s report of industrial
injury or occupational disease.
2. The report must:
(a) Be filed on a form prescribed by the Administrator;
(b) Be signed by the employer or his designee;
(c) Contain specific answers to all questions required by the
regulations of the Administrator; and
(d) Be accompanied by a statement of the wages of the employee if
the claim for compensation received from the treating physician or
chiropractor, or a medical facility if the duty to file the claim for
compensation has been delegated to the medical facility pursuant to NRS
617.352 , indicates that the employee is
expected to be off work for 5 days or more.
3. An employer who files the report required by subsection 1 by
electronic transmission shall, upon request, mail to the insurer or
third-party administrator the form that contains the original signature
of the employer or his designee. The form must be mailed within 7 days
after receiving such a request.
4. The Administrator shall impose an administrative fine of not
more than $1,000 against an employer for each violation of this section.
(Added to NRS by 1993, 764; A 1997, 1447; 1999, 3147 ; 2003, 2310 )
An insurer shall accept or deny
responsibility for compensation under this chapter within 30 working days
after claims for compensation are received pursuant to both NRS 617.344
and 617.352 .
(Added to NRS by 1993, 764)
1. Each insurer shall submit to the Administrator a written report
concerning each claim for compensation that is filed with the insurer for
an occupational disease of the heart or lungs or any occupational disease
that is infectious or relates to cancer. The written report must be
submitted to the Administrator within 30 days after the insurer accepts
or denies the claim pursuant to NRS 617.356 and must include:
(a) A statement specifying the nature of the claim;
(b) A statement indicating whether the insurer accepted or denied
the claim and the reasons for the acceptance or denial;
(c) A statement indicating the estimated medical costs for the
claim; and
(d) Any other information required by the Administrator.
2. If a claim specified in subsection 1 is appealed or affirmed,
modified or reversed on appeal, or is closed or reopened, the insurer
shall notify the Administrator of that fact in writing within 30 days
after the claim is appealed, affirmed, modified, reversed, closed or
reopened.
3. On or before February 1 of each year, the Administrator shall
prepare and make available to the general public a written report
concerning claims specified in subsection 1. The written report must
include:
(a) The information submitted to the Administrator by an insurer
pursuant to this section during the immediately preceding year; and
(b) Any other information concerning those claims required by the
Administrator.
(Added to NRS by 2001, 828 )
DETERMINATION AND PAYMENT OF BENEFITS
1. An employee or his dependents are not entitled to receive
compensation pursuant to the provisions of this chapter unless the
employee or his dependents establish by a preponderance of the evidence
that the employee’s occupational disease arose out of and in the course
of his employment.
2. If the employee files a notice of an occupational disease
pursuant to NRS 617.342 after his
employment has been terminated for any reason, there is a rebuttable
presumption that the occupational disease did not arise out of and in the
course of his employment.
(Added to NRS by 1993, 764)
1. An insurer shall not provide compensation to or for an employee
or his dependents before the compensation is required to be paid pursuant
to the provisions of this chapter.
2. If, within 30 days after a payment is made to an injured
employee pursuant to the provisions of this chapter, the insurer
determines that it has overpaid the employee as a result of a clerical
error in its calculation of the amount of payment or as a result of using
improper or incorrect information to determine the employee’s eligibility
for compensation or to calculate the amount of payment, the insurer may
deduct the amount of the overpayment from future benefits related to that
claim to which the employee is entitled, other than medical benefits, if:
(a) The insurer notifies the employee in writing of its
determination;
(b) The insurer informs the employee of his right to contest the
deduction; and
(c) The employee fails to contest the deduction or does so and upon
final resolution of the contested deduction, it is determined that an
overpayment was made.
3. Any deductions made pursuant to subsection 2 must be made in a
reasonable manner which does not cause undue hardship to the employee.
(Added to NRS by 1993, 761)
If, after a claim for
compensation is filed pursuant to NRS 617.344 :
1. The employee seeks treatment from a physician or chiropractor
for a newly developed injury or disease; and
2. The employee’s medical records for the occupational disease
reported do not include a reference to the injury or disease for which
treatment is being sought,
Ê the injury or disease for which treatment is being sought must not be
considered part of the employee’s original claim for compensation unless
the physician or chiropractor establishes by medical evidence a causal
relationship between the injury and disease for which treatment is being
sought and the occupational disease reported pursuant to NRS 617.344
.
(Added to NRS by 1993, 761)
1. The resulting condition of an employee who:
(a) Has a preexisting condition from a cause or origin that did not
arise out of and in the course of his current or past employment; and
(b) Subsequently contracts an occupational disease which
aggravates, precipitates or accelerates his preexisting condition,
Ê shall be deemed to be an occupational disease that is compensable
pursuant to the provisions of chapters 616A
to 617 , inclusive, of NRS, unless the insurer
can prove by a preponderance of the evidence that the occupational
disease is not a substantial contributing cause of the resulting
condition.
2. The resulting condition of an employee who:
(a) Contracts an occupational disease; and
(b) Subsequently aggravates, precipitates or accelerates the
occupational disease in a manner that does not arise out of and in the
course of his employment,
Ê shall be deemed to be an occupational disease that is compensable
pursuant to the provisions of chapters 616A
to 617 , inclusive, of NRS, unless the insurer
can prove by a preponderance of the evidence that the occupational
disease is not a substantial contributing cause of the resulting
condition.
(Added to NRS by 1993, 762; A 1995, 2162; 1999, 1804 )
1. Any employee who is entitled to receive compensation under this
chapter shall, if:
(a) Requested by the insurer; or
(b) Ordered by an appeals officer, or a hearing officer,
Ê submit himself for medical examination at a time and from time to time
at a place reasonably convenient for the employee, and as may be provided
by the regulations of the Division.
2. If the insurer has reasonable cause to believe that an injured
employee who is receiving compensation for a permanent total disability
is no longer disabled, the insurer may request the employee to submit to
an annual medical examination to determine whether the disability still
exists. The insurer shall pay the costs of the examination.
3. The request or order for an examination must fix a time and
place therefor, due regard being had to the nature of the medical
examination, the convenience of the employee, his physical condition and
ability to attend at the time and place fixed.
4. The employee is entitled to have a physician, provided and paid
for by him, present at any such examination.
5. If the employee refuses to submit to an examination ordered or
requested pursuant to subsection 1 or 2 or obstructs the examination, his
right to compensation is suspended until the examination has taken place,
and no compensation is payable during or for the period of suspension.
6. Any physician who makes or is present at any such examination
may be required to testify as to the result thereof.
[36:44:1947; 1943 NCL § 2800.36]—(NRS A 1975, 764; 1977, 316; 1981,
1172, 1504; 1983, 457; 1993, 767, 1879; 1995, 579)
1. On the filing of a claim for compensation for death from an
occupational disease where in the opinion of the insurer it is necessary
to ascertain accurately and scientifically the cause of death, an autopsy
may be ordered by the insurer. The autopsy must be made by a person
designated by the insurer.
2. The person requesting an autopsy must pay the charge of the
physician making it.
3. Any person interested may designate a duly licensed physician
to attend the autopsy.
4. The findings of the physician performing the autopsy must be
filed with the insurer and is a public record.
5. All proceedings for compensation must be suspended upon refusal
of a claimant or claimants to permit an autopsy when so ordered.
6. When an autopsy has been performed pursuant to an order of the
insurer, no cause of action may lie against any person for participating
in or requesting such autopsy.
[38:44:1947; 1943 NCL § 2800.38]—(NRS A 1981, 1173, 1504)
1. An employee is entitled to receive as a medical benefit a motor
vehicle that is modified to allow the employee to operate the vehicle
safely if:
(a) As a result of an occupational disease arising out of and in
the course of his employment, he is quadriplegic, paraplegic or has had a
part of his body amputated; and
(b) He cannot be fitted with a prosthetic device which allows him
to operate a motor vehicle safely.
2. If an employee is entitled to receive a motor vehicle pursuant
to subsection 1, a motor vehicle must be modified to allow the employee
to operate it safely in the following order of preference:
(a) A motor vehicle owned by the employee must be so modified if
the insurer or employer providing medical benefits determines that it is
reasonably feasible to do so.
(b) A used motor vehicle must be so modified if the insurer or
employer providing medical benefits determines that it is reasonably
feasible to do so.
(c) A new motor vehicle must be so modified.
(Added to NRS by 1993, 761)
1. Compensation may be awarded for both injury and disease.
2. If an employee claims to be suffering from both an occupational
disease and an injury, the insurer shall determine whether the disease or
the injury or both, are related to the disability and shall order payment
of compensation from the proper funds.
3. Compensation awarded for both injury and disease must not
exceed the amount payable for the total percentage of disability.
[30:44:1947; 1943 NCL § 2800.30]—(NRS A 1979, 1063; 1981, 850, 1504)
A person described in this chapter may be determined
to be totally disabled and eligible to receive compensation for
disability as a result of a combination of injuries, illnesses and
disabilities arising out of and in the course of his employment.
(Added to NRS by 1981, 850)
1. If compensation is paid to an employee under this chapter for
the surgical procedure known as a mastectomy, the employee is also
entitled to receive commensurate compensation for at least two prosthetic
devices and for reconstructive surgery incident to the mastectomy. Except
as otherwise provided in subsection 2, this compensation is subject to
the same requirements and conditions that apply to the compensation for
the mastectomy.
2. If reconstructive surgery is begun within 3 years after a
mastectomy, the amount of the compensation provided for that surgery must
equal those amounts provided for at the time of the mastectomy. If the
surgery is begun more than 3 years after the mastectomy, the compensation
provided is subject to the requirements and conditions that apply at the
time of the reconstructive surgery.
3. For the purposes of this section, “reconstructive surgery”
means a surgical procedure performed following a mastectomy on one breast
or both breasts to reestablish symmetry between the two breasts. The term
includes, but is not limited to, augmentation mammoplasty, reduction
mammoplasty and mastopexy.
(Added to NRS by 1983, 617; A 1989, 1892)
1. No compensation may be awarded on account of disability or
death from a disease suffered by an employee who, at the time of entering
into the employment from which the disease is claimed to have resulted,
knowingly and falsely represented himself as not having previously
suffered from the disease.
2. No compensation is payable under this chapter when disability
or death is wholly or in part caused by the willful misconduct or willful
self-exposure of the employee.
[29:44:1947; 1943 NCL § 2800.29]—(NRS A 1993, 767)
1. The Division shall designate one:
(a) Third-party administrator who has a valid certificate issued by
the Commissioner pursuant to NRS 683A.085 ; or
(b) Insurer, other than a self-insured employer or association of
self-insured public or private employers,
Ê to administer claims against the Uninsured Employers’ Claim Account.
The designation must be made pursuant to reasonable competitive bidding
procedures established by the Administrator.
2. Except as otherwise provided in this subsection, an employee
may receive compensation from the Uninsured Employers’ Claim Account if:
(a) He was hired in this State or he is regularly employed in this
State;
(b) He contracts an occupational disease that arose out of and in
the course of employment:
(1) In this State; or
(2) While on temporary assignment outside the State for not
more than 12 months;
(c) He files a claim for compensation with the Division; and
(d) He makes an irrevocable assignment to the Division of a right
to be subrogated to the rights of the employee pursuant to NRS 616C.215
.
Ê An employee who contracts an occupational disease that arose out of and
in the course of employment while on temporary assignment outside the
State is not entitled to receive compensation from the Uninsured
Employers’ Claim Account unless he has been denied workers’ compensation
in the state in which the disease was contracted.
3. If the Division receives a claim pursuant to subsection 2, the
Division shall immediately notify the employer of the claim.
4. For the purposes of this section, the employer has the burden
of proving that he provided mandatory coverage for occupational diseases
for the employee or that he was not required to maintain industrial
insurance for the employee.
5. Any employer who has failed to provide mandatory coverage
required by the provisions of this chapter is liable for all payments
made on his behalf, including, but not limited to, any benefits,
administrative costs or attorney’s fees paid from the Uninsured
Employers’ Claim Account or incurred by the Division.
6. The Division:
(a) May recover from the employer the payments made by the Division
that are described in subsection 5 and any accrued interest by bringing a
civil action in 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 cause of
the occupational disease.
(c) May enter into a contract with any person to assist in the
collection of any liability of an uninsured employer.
(d) In lieu of a civil action, may enter into an agreement or
settlement regarding the collection of any liability of an uninsured
employer.
7. The Division shall:
(a) Determine whether the employer was insured within 30 days after
receiving the claim from the employee.
(b) Assign the claim to the third-party administrator or insurer
designated pursuant to subsection 1 for administration and payment of
compensation.
Ê Upon determining whether the claim is accepted or denied, the
designated third-party administrator or insurer shall notify the injured
employee, the named employer and the Division of its determination.
8. Upon demonstration of the:
(a) Costs incurred by the designated third-party administrator or
insurer to administer the claim or pay compensation to the injured
employee; or
(b) Amount that the designated third-party administrator or insurer
will pay for administrative expenses or compensation to the injured
employee and that such amounts are justified by the circumstances of the
claim,
Ê the Division shall authorize payment from the Uninsured Employers’
Claim Account.
9. Any party aggrieved by a determination made by the Division
regarding the assignment of any claim made pursuant to this section may
appeal that determination by filing a notice of appeal with an appeals
officer within 30 days after the determination is rendered. The
provisions of NRS 616C.345 to
616C.385 , inclusive, apply to an
appeal filed pursuant to this subsection.
10. Any party aggrieved by a determination to accept or to deny
any claim made pursuant to this section or by a determination to pay or
to deny the payment of compensation regarding any claim made pursuant to
this section may appeal that determination, within 70 days after the
determination is rendered, to the Hearings Division of the Department of
Administration in the manner provided by NRS 616C.305 and 616C.315 .
11. All insurers shall bear a proportionate amount of a claim made
pursuant to this chapter, and are entitled to a proportionate amount of
any collection made pursuant to this section as an offset against future
liabilities.
12. An uninsured employer is liable for the interest on 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 the
largest bank in Nevada, as ascertained by the Commissioner of Financial
Institutions, on January 1 or July 1, as the case may be, immediately
preceding the date of the claim, plus 3 percent, compounded monthly, from
the date the claim is paid from the Account until payment is received by
the Division from the employer.
13. Attorney’s fees recoverable by the Division pursuant to this
section must be:
(a) If a private attorney is retained by the Division, paid at the
usual and customary rate for that attorney.
(b) If the attorney is an employee of the Division, paid at the
rate established by regulations adopted by the Division.
Ê Any money collected must be deposited to the Uninsured Employers’ Claim
Account.
14. In addition to any other liabilities provided for in this
section, the Administrator may impose an administrative fine of not more
than $10,000 against an employer if the employer fails to provide
mandatory coverage required by the provisions of this chapter.
(Added to NRS by 1975, 599; A 1981, 1501; 1983, 456; 1991, 2430;
1993, 765, 1877; 1995, 579; 1997, 1447; 1999, 1732 ; 2001, 2740 , 2771 ; 2003, 2311 )
1. If an insurer determines that an employee has knowingly
misrepresented or concealed a material fact to obtain any benefit or
payment under the provisions of this chapter, the insurer may deduct from
any benefits or payments due to the employee, the amount obtained by the
employee because of the misrepresentation or concealment of a material
fact. The employee shall reimburse the insurer for all benefits or
payments received because of the knowing misrepresentation or concealment
of a material fact.
2. An employee who is aggrieved by a determination of an insurer
made pursuant to subsection 1 may appeal that determination pursuant to
NRS 616C.315 to 616C.385 , inclusive. If the final decision by an
appeals officer is favorable to the employee, the Administrator shall
order the insurer to pay $2,000 to that employee, in addition to any
benefits or payments the employee is entitled to receive, if:
(a) The final decision is favorable to the employee; and
(b) The Administrator determines that the insurer had no reasonable
basis for believing that the employee knowingly misrepresented or
concealed a material fact to obtain any benefit or payment.
3. This section does not preclude an insurer from making an
investigation pursuant to, or pursuing the remedies provided by, NRS
616D.300 .
(Added to NRS by 1989, 1993; A 1993, 768)
1. No judicial proceedings may be instituted for benefits for an
occupational disease under this chapter, unless:
(a) A claim is filed within the time limits prescribed in NRS
617.344 ; and
(b) A final decision by an appeals officer has been rendered on the
claim.
2. Judicial proceedings instituted for benefits for an
occupational disease under this chapter are limited to judicial review of
that decision.
(Added to NRS by 1973, 1596; A 1977, 85; 1981, 1140; 1993, 768)
COMPENSATION FOR DISABILITY AND DEATH
Compensation for
disability sustained on account of occupational disease by an employee,
or the dependents of an employee as defined in this chapter, must be paid
by the insurer.
[31:44:1947; 1943 NCL § 2800.31]—(NRS A 1979, 1063; 1993, 768;
1995, 2036)
No compensation may be paid under this chapter for disability
which does not incapacitate the employee for at least 5 cumulative days
within a 20-day period from earning full wages, but if the incapacity
extends for 5 or more days within a 20-day period, the compensation must
then be computed from the date of disability. The limitations in this
section do not apply to medical benefits, which must be paid from the
date of application for payment of medical benefits.
[37:44:1947; 1943 NCL § 2800.37]—(NRS A 1959, 205; 1987, 923)
1. Every employee who is disabled or dies because of an
occupational disease, as defined in this chapter, arising out of and in
the course of employment in the State of Nevada, or the dependents, as
that term is defined in chapters 616A to
616D , inclusive, of NRS, of an employee
whose death is caused by an occupational disease, are entitled to the
compensation provided by those chapters for temporary disability,
permanent disability or death, as the facts may warrant, subject to the
modifications mentioned in this chapter.
2. In cases of tenosynovitis, prepatellar bursitis, and infection
or inflammation of the skin, no person is entitled to such compensation
unless for 90 days next preceding the contraction of the occupational
disease the employee has been:
(a) A resident of the State of Nevada; or
(b) Employed by a self-insured employer, a member of an association
of self-insured public or private employers, or an employer insured by a
private carrier that provides coverage for occupational diseases.
[25:44:1947; A 1951, 372]—(NRS A 1967, 692; 1979, 1063; 1995, 2036;
1999, 1804 )
1. An occupational disease defined in this chapter shall be deemed
to arise out of and in the course of the employment if:
(a) There is a direct causal connection between the conditions
under which the work is performed and the occupational disease;
(b) It can be seen to have followed as a natural incident of the
work as a result of the exposure occasioned by the nature of the
employment;
(c) It can be fairly traced to the employment as the proximate
cause; and
(d) It does not come from a hazard to which workmen would have been
equally exposed outside of the employment.
2. The disease must be incidental to the character of the business
and not independent of the relation of the employer and employee.
3. The disease need not have been foreseen or expected, but after
its contraction must appear to have had its origin in a risk connected
with the employment, and to have flowed from that source as a natural
consequence.
4. In cases of disability resulting from radium poisoning or
exposure to radioactive properties or substances, or to roentgen rays (X
rays) or ionizing radiation, the poisoning or illness resulting in
disability must have been contracted in the State of Nevada.
[Part 26:44:1947; A 1949, 365; 1953, 297]—(NRS A 1961, 589; 1963,
874; 1967, 685; 1983, 458)
In all cases
under this chapter, the date of disablement is such date as the insurer
determines on hearing of the employee’s claim.
[Part 27:44:1947; 1943 NCL § 2800.27]—(NRS A 1971, 1131; 1981,
1503; 1991, 363)—(Substituted in revision for NRS 617.340)
Except as
otherwise provided in NRS 617.366 , the
following diseases, as well as other occupational diseases defined in NRS
617.440 , are considered occupational
diseases and are compensable as such when contracted by an employee and
when arising out of and in the course of the employment in any process
described in this section.
SCHEDULE
Description of Disease or Injury
Description of Process
Anthrax..........................................................
Handling of livestock wool, hair, bristles, hides and skins.
Arsenic poisoning.......................................
Any process involving the production or use of arsenic or its
preparations or compounds.
Brass or zinc poisoning...............................
Any process involving the manufacture, founding or refining of brass or
the melting or smelting of zinc.
Carbon monoxide poisoning......................
Any process involving the evolution of or resulting in the escape of
carbon monoxide.
Chrome ulceration of skin or nasal
passages........................................................
Any process involving the production or use of or direct contact with
chromic acid or bichromates of ammonium, potassium or sodium or their
preparations.
Compressed air illness.................................
Any work process carried on in compressed air.
Epithelioma cancer or ulceration of the skin or of the corneal surface of
the eye due to carbon, pitch, tar or tarry compounds
production...............................
Handling or industrial use of carbon, pitch or tarry compounds.
Glanders.........................................................
Care of any equine animal suffering from glanders; handling carcass of
such animal.
Infection or inflammation of the skin on contact surfaces due to oils,
cutting compounds or lubricants, dusts, liquids, fumes, gases or
vapors...............................
Any process involving the production, handling or use of oils, cutting
compounds or lubricants, or involving contact with dust, liquids, fumes,
gases or vapors.
Lead poisoning.............................................
Any process involving the production or use of lead or its preparations
or compounds.
Manganese dioxide poisoning...................
Any process involving the grinding or milling of manganese dioxide or the
escape of manganese dioxide dust.
Mercury poisoning......................................
Any process involving the production or use of mercury or its
preparations or compounds.
Phosphorus poisoning................................
Any process involving the production or use of phosphorus, or its
preparations or compounds.
Poisoning by carbon bisulfide...................
Any process involving the production or use of carbon bisulfide or its
preparations or compounds.
Poisoning by chlorine.................................
Any process involving the production or use of chlorine or its
preparations or compounds.
Poisoning by flour, burned grease, bakery and kitchen fumes and other
food products........................................................
Any process involving the production of or the use of flours for baking
purposes, greases used in cooking, and other products used in cafes and
bakeries, causing or tending to cause what is commonly called baker’s
disease, baker’s asthma or baker’s tuberculosis.
Poisoning by gasoline, benzine, naphtha or other volatile petroleum
products.........
Any process involving the production or use of gasoline, benzine, naphtha
or other volatile petroleum products.
Poisoning by wood alcohol........................
Any process involving the production or use of wood alcohol or its
preparations.
Potassium cyanide poisoning....................
Any process involving the production or use of or direct contact with
potassium cyanide.
Radium poisoning or disability due to radioactive properties or
substances, or to roentgen rays (X rays), or to exposure to ionizing
radiation.....................................
Any process involving the use of or direct contact with radium or a
radioactive substance, or the use of or direct exposure to roentgen rays
(X rays) or ionizing radiation.
Sulfur dioxide poisoning.............................
Any process in which sulfur dioxide gas is evolved by the expansion of
liquid sulfur dioxide.
Tenosynovitis and prepatellar bursitis.....
Primary tenosynovitis characterized by a passive effusion or crepitus
into the tendon sheath of the flexor or extensor muscles of the hand, due
to frequently repetitive motions or vibrations, or prepatellar bursitis
due to continued pressure.
[Part 26:44:1947; A 1949, 365; 1953, 297]—(NRS A 1961, 590; 1993,
768)
1. Notwithstanding any other provision of this chapter, cancer,
resulting in either temporary or permanent disability, or death, is an
occupational disease and compensable as such under the provisions of this
chapter if:
(a) The cancer develops or manifests itself out of and in the
course of the employment of a person who, for 5 years or more, has been:
(1) Employed in this State in a full-time salaried
occupation of fire fighting for the benefit or safety of the public; or
(2) Acting as a volunteer firefighter in this State and is
entitled to the benefits of chapters 616A
to 616D , inclusive, of NRS pursuant to the
provisions of NRS 616A.145 ; and
(b) It is demonstrated that:
(1) He was exposed, while in the course of the employment,
to a known carcinogen as defined by the International Agency for Research
on Cancer or the National Toxicology Program; and
(2) The carcinogen is reasonably associated with the
disabling cancer.
2. With respect to a person who, for 5 years or more, has been
employed in this State in a full-time salaried occupation of fire
fighting for the benefit or safety of the public, the following
substances shall be deemed, for the purposes of paragraph (b) of
subsection 1, to be known carcinogens that are reasonably associated with
the following disabling cancers:
(a) Diesel exhaust, formaldehyde and polycyclic aromatic
hydrocarbon shall be deemed to be known carcinogens that are reasonably
associated with bladder cancer.
(b) Acrylonitrile, formaldehyde and vinyl chloride shall be deemed
to be known carcinogens that are reasonably associated with brain cancer.
(c) Diesel exhaust and formaldehyde shall be deemed to be known
carcinogens that are reasonably associated with colon cancer.
(d) Formaldehyde shall be deemed to be a known carcinogen that is
reasonably associated with Hodgkin’s lymphoma.
(e) Formaldehyde and polycyclic aromatic hydrocarbon shall be
deemed to be known carcinogens that are reasonably associated with kidney
cancer.
(f) Chloroform, soot and vinyl chloride shall be deemed to be known
carcinogens that are reasonably associated with liver cancer.
(g) Acrylonitrile, benzene, formaldehyde, polycyclic aromatic
hydrocarbon, soot and vinyl chloride shall be deemed to be known
carcinogens that are reasonably associated with lymphatic or
haemotopoietic cancer.
3. The provisions of subsection 2 do not create an exclusive list
and do not preclude any person from demonstrating, on a case-by-case
basis for the purposes of paragraph (b) of subsection 1, that a substance
is a known carcinogen that is reasonably associated with a disabling
cancer.
4. Compensation awarded to the employee or his dependents for
disabling cancer pursuant to this section must include:
(a) Full reimbursement for related expenses incurred for medical
treatments, surgery and hospitalization in accordance with the schedule
of fees and charges established pursuant to NRS 616C.260 or, if the insurer has contracted with an
organization for managed care or with providers of health care pursuant
to NRS 616B.527 , the amount that is
allowed for the treatment or other services under that contract; and
(b) The compensation provided in chapters 616A to 616D , inclusive,
of NRS for the disability or death.
5. Disabling cancer is presumed to have developed or manifested
itself out of and in the course of the employment of any firefighter
described in this section. This rebuttable presumption applies to
disabling cancer diagnosed after the termination of the person’s
employment if the diagnosis occurs within a period, not to exceed 60
months, which begins with the last date the employee actually worked in
the qualifying capacity and extends for a period calculated by
multiplying 3 months by the number of full years of his employment. This
rebuttable presumption must control the awarding of benefits pursuant to
this section unless evidence to rebut the presumption is presented.
6. The provisions of this section do not create a conclusive
presumption.
(Added to NRS by 1987, 1109; A 2003, 1739 ; 2005, 344 )
1. Any physical examination administered pursuant to NRS 617.455
or 617.457 must include:
(a) A thorough test of the functioning of the hearing of the
employee; and
(b) A purified protein derivative skin test to screen for exposure
to tuberculosis.
2. The tests required by this section must be paid for by the
employer.
(Added to NRS by 1991, 959; A 2001, 1017 )
1. Notwithstanding any other provision of this chapter, diseases
of the lungs, resulting in either temporary or permanent disability or
death, are occupational diseases and compensable as such under the
provisions of this chapter if caused by exposure to heat, smoke, fumes,
tear gas or any other noxious gases, arising out of and in the course of
the employment of a person who, for 2 years or more, has been:
(a) Employed in this State in a full-time salaried occupation of
fire fighting for the benefit or safety of the public;
(b) Acting as a volunteer firefighter in this State and is entitled
to the benefits of chapters 616A to 616D
, inclusive, of NRS pursuant to the
provisions of NRS 616A.145 ; or
(c) Employed in a full-time salaried occupation as a police officer
in this State.
2. Except as otherwise provided in subsection 3, each employee who
is to be covered for diseases of the lungs pursuant to the provisions of
this section shall submit to a physical examination, including a thorough
test of the functioning of his lungs and the making of an X-ray film of
his lungs, upon employment, upon commencement of the coverage, once every
even-numbered year until he is 40 years of age or older and thereafter on
an annual basis during his employment.
3. A thorough test of the functioning of the lungs is not required
for a volunteer firefighter.
4. All physical examinations required pursuant to subsection 2
must be paid for by the employer.
5. A disease of the lungs is conclusively presumed to have arisen
out of and in the course of the employment of a person who has been
employed in a full-time continuous, uninterrupted and salaried occupation
as a police officer or firefighter for 5 years or more before the date of
disablement.
6. Failure to correct predisposing conditions which lead to lung
disease when so ordered in writing by the examining physician after the
annual examination excludes the employee from the benefits of this
section if the correction is within the ability of the employee.
7. A person who is determined to be:
(a) Partially disabled from an occupational disease pursuant to the
provisions of this section; and
(b) Incapable of performing, with or without remuneration, work as
a firefighter or police officer,
Ê may elect to receive the benefits provided under NRS 616C.440 for a permanent total disability.
(Added to NRS by 1965, 368; A 1975, 1195; 1981, 623, 851; 1983,
458; 1987, 553; 1989, 1020; 2005, 345 )
1. Notwithstanding any other provision of this chapter, diseases
of the heart of a person who, for 5 years or more, has been employed in a
full-time continuous, uninterrupted and salaried occupation as a
firefighter or police officer in this State before the date of
disablement are conclusively presumed to have arisen out of and in the
course of the employment.
2. Notwithstanding any other provision of this chapter, diseases
of the heart, resulting in either temporary or permanent disability or
death, are occupational diseases and compensable as such under the
provisions of this chapter if caused by extreme overexertion in times of
stress or danger and a causal relationship can be shown by competent
evidence that the disability or death arose out of and was caused by the
performance of duties as a volunteer firefighter by a person entitled to
the benefits of chapters 616A to 616D
, inclusive, of NRS pursuant to the
provisions of NRS 616A.145 and who,
for 5 years or more, has served continuously as a volunteer firefighter
in this State and who has not reached the age of 55 years before the
onset of the disease.
3. Except as otherwise provided in subsection 4, each employee who
is to be covered for diseases of the heart pursuant to the provisions of
this section shall submit to a physical examination, including an
examination of the heart, upon employment, upon commencement of coverage
and thereafter on an annual basis during his employment.
4. A physical examination is not required for a volunteer
firefighter more than once every 3 years after an initial examination.
5. All physical examinations required pursuant to subsection 3
must be paid for by the employer.
6. Failure to correct predisposing conditions which lead to heart
disease when so ordered in writing by the examining physician subsequent
to the annual examination excludes the employee from the benefits of this
section if the correction is within the ability of the employee.
7. A person who is determined to be:
(a) Partially disabled from an occupational disease pursuant to the
provisions of this section; and
(b) Incapable of performing, with or without remuneration, work as
a firefighter or police officer,
Ê may elect to receive the benefits provided under NRS 616C.440 for a permanent total disability.
8. Claims filed under this section may be reopened at any time
during the life of the claimant for further examination and treatment of
the claimant upon certification by a physician of a change of
circumstances related to the occupational disease which would warrant an
increase or rearrangement of compensation.
(Added to NRS by 1969, 592; A 1973, 768; 1981, 623, 851; 1983, 459;
1987, 1424; 1989, 1021; 2005, 346 )
1. The percentage of disability resulting from an occupational
disease of the heart or lungs must be determined jointly by the
claimant’s attending physician and the examining physician designated by
the insurer, in accordance with the American Medical Association’s Guides
to the Evaluation of Permanent Impairment as adopted and supplemented by
the Division pursuant to NRS 616C.110 .
2. If the claimant’s attending physician and the designated
examining physician do not agree upon the percentage of disability, they
shall designate a physician specializing in the branch of medicine which
pertains to the disease in question to make the determination. If they do
not agree upon the designation of such a physician, each shall choose one
physician so specializing, and two physicians so chosen shall choose a
third specialist in that branch. The resulting panel of three physicians
shall, by majority vote, determine the percentage of disability in
accordance with the American Medical Association’s Guides to the
Evaluation of Permanent Impairment as adopted and supplemented by the
Division pursuant to NRS 616C.110 .
(Added to NRS by 1981, 850; A 1981, 1538; 1987, 1313; 1991, 494,
2431; 1993, 1879; 1995, 2162)
1. Except as otherwise provided in NRS 617.366 , silicosis and diseases related to asbestos
are occupational diseases and are compensable as such when contracted by
an employee and when arising out of and in the course of the employment.
2. Claims for compensation on account of silicosis or a disease
related to asbestos are forever barred unless application is made to the
insurer within 1 year after the date of disability or death and within 1
year after the claimant knew or should have known of the relationship
between the disease and the employment.
3. Nothing in this chapter entitles an employee or his dependents
to compensation, medical, hospital and nursing expenses or payment of
funeral expenses for disability or death because of silicosis or a
disease related to asbestos in the event of the failure or omission on
the part of the employee truthfully to state, when seeking employment,
the place, duration and nature of previous employment in answer to an
inquiry made by the employer.
4. No compensation may be paid in case of silicosis or a disease
related to asbestos unless the injured employee has been exposed to
harmful quantities of silicon dioxide dust or fibers of asbestos for not
less than 1 year in employment in this State covered by this chapter and
chapters 616A to 616D , inclusive, of NRS.
5. Compensation on account of silicosis or a disease related to
asbestos is payable only in the event of a temporary or permanent
disability, or death, in accordance with the provisions of chapters 616A
to 616D ,
inclusive, of NRS. Except as otherwise provided in NRS 616C.505 , the insurer shall not allow the conversion
of the compensation benefits provided for in this section into the
payment of a lump sum. Payment of benefits and compensation is limited to
the claimant and his dependents.
6. Any claimant who has been disabled by silicosis or a disease
related to asbestos before July 1, 1973, or his dependents, upon
receiving the maximum sum payable, $14,250, to which they are entitled,
are not entitled to compensation from the insurer, but are entitled to
continue to receive the same amount of compensation from the account for
pensions for silicosis, diseases related to asbestos and other
disabilities.
[Part 26:44:1947; A 1949, 365; 1953, 297]—(NRS A 1957, 307; 1959,
250; 1961, 449; 1963, 84; 1965, 980; 1967, 206; 1969, 898; 1971, 326,
1083; 1973, 539, 1406; 1975, 259, 510, 823; 1979, 1064; 1981, 1504; 1983,
460; 1985, 724; 1987, 590; 1991, 1803; 1993, 771; 1995, 2036)
All conditions, restrictions, limitations and
other provisions of NRS 617.460 with
reference to the payment of compensation or benefits on account of
silicosis or a disease related to asbestos are applicable to the payment
of compensation or benefits on account of any other occupational disease
of the respiratory tract resulting from injurious exposure to dusts.
[28:44:1947; 1943 NCL § 2800.28]—(NRS A 1987, 591)
1. Notwithstanding any other provision of this chapter and except
as otherwise provided in this section, if a person employed in this State
contracts a contagious disease during the course and scope of his
employment that results in a temporary or permanent disability or death,
the disease is an occupational disease and compensable as such under the
provisions of this chapter if:
(a) It is demonstrated that the employee was exposed to the
contagious disease during the course and scope of his employment;
(b) The employee reported the exposure to his employer in
compliance with the reporting requirements adopted by the employer; and
(c) A test to screen for the contagious disease that is approved by
the State Board of Health is administered to the employee:
(1) Within 72 hours after the date of the exposure and the
employee tests negative for exposure to the contagious disease; and
(2) After the incubation period for the contagious disease,
as determined by the State Board of Health, but not later than 12 months
after the date of the exposure, and the employee tests positive for
exposure to the contagious disease.
2. Such an employee and his dependents are excluded from the
benefits of this section if:
(a) The employee refuses to be tested for exposure to the
contagious disease as required by subsection 1;
(b) The employee or his dependents are eligible to receive
compensation pursuant to paragraph (b) of subsection 2 of NRS 616A.265
or NRS 616C.052 ; or
(c) It is proven by clear and convincing evidence that the
contagious disease did not arise out of and in the course of the
employment.
3. All tests for exposure to the contagious disease that are
required pursuant to subsection 1 must be paid for by the employer.
4. Compensation awarded to an employee or his dependents pursuant
to this section must include:
(a) Full reimbursement for related expenses incurred for:
(1) Preventive treatment administered as a precaution to the
employee; and
(2) Other medical treatments, surgery and hospitalization;
and
(b) The compensation provided in chapters 616A to 616D , inclusive,
of NRS for the disability or death.
5. As used in this section:
(a) “Contagious disease” means hepatitis A, hepatitis B, hepatitis
C, tuberculosis, the human immunodeficiency virus or acquired immune
deficiency syndrome.
(b) “Exposed” or “exposure” means the introduction of blood or
other infectious materials into the body of an employee during the
performance of his official duties through the skin, eye, mucous membrane
or parenteral contact. The term includes contact with airborne materials
carrying tuberculosis.
(c) “Preventive treatment” includes, without limitation, tests to
determine if an employee has contracted the contagious disease to which
he was exposed.
(Added to NRS by 2001, 827 )
1. Notwithstanding any other provision of this chapter and except
as otherwise provided in this section, if an employee has hepatitis, the
disease is conclusively presumed to have arisen out of and in the course
of his employment if the employee has been continuously employed for 5
years or more as a police officer, full-time salaried firefighter or
emergency medical attendant in this State before the date of any
temporary or permanent disability or death resulting from the hepatitis.
2. Compensation awarded to a police officer, firefighter or
emergency medical attendant, or to the dependents of such a person, for
hepatitis pursuant to this section must include:
(a) Full reimbursement for related expenses incurred for medical
treatments, surgery and hospitalization; and
(b) The compensation provided in chapters 616A to 616D , inclusive,
of NRS for the disability or death.
3. A police officer, salaried firefighter or emergency medical
attendant shall:
(a) Submit to a blood test to screen for hepatitis C upon
employment, upon the commencement of coverage and thereafter on an annual
basis during his employment.
(b) Submit to a blood test to screen for hepatitis A and hepatitis
B upon employment, upon the commencement of coverage and thereafter on an
annual basis during his employment, except that a police officer,
salaried firefighter or emergency medical attendant is not required to
submit to a blood test to screen for hepatitis A and hepatitis B on an
annual basis during his employment if he has been vaccinated for
hepatitis A and hepatitis B upon employment or at other medically
appropriate times during his employment. Each employer shall provide a
police officer, salaried firefighter or emergency medical attendant with
the opportunity to be vaccinated for hepatitis A and hepatitis B upon
employment and at other medically appropriate times during his employment.
4. All blood tests required pursuant to this section and all
vaccinations provided pursuant to this section must be paid for by the
employer.
5. The provisions of this section:
(a) Except as otherwise provided in paragraph (b), do not apply to
a police officer, firefighter or emergency medical attendant who is
diagnosed with hepatitis upon employment.
(b) Apply to a police officer, firefighter or emergency medical
attendant who is diagnosed with hepatitis upon employment if, during the
employment or within 1 year after the last day of the employment, he is
diagnosed with a different strain of hepatitis.
(c) Apply to a police officer, firefighter or emergency medical
attendant who is diagnosed with hepatitis after the termination of the
employment if the diagnosis is made within 1 year after the last day of
the employment.
6. A police officer, firefighter or emergency medical attendant
who is determined to be:
(a) Partially disabled from an occupational disease pursuant to the
provisions of this section; and
(b) Incapable of performing, with or without remuneration, work as
a police officer, firefighter or emergency medical attendant,
Ê may elect to receive the benefits provided pursuant to NRS 616C.440
for a permanent total disability.
7. As used in this section:
(a) “Emergency medical attendant” means a person licensed as an
attendant or certified as an emergency medical technician, intermediate
emergency medical technician or advanced emergency medical technician
pursuant to chapter 450B of NRS, whose
primary duties of employment are the provision of emergency medical
services.
(b) “Hepatitis” includes hepatitis A, hepatitis B, hepatitis C and
any additional diseases or conditions that are associated with or result
from hepatitis A, hepatitis B or hepatitis C.
(c) “Police officer” means a sheriff, deputy sheriff, officer of a
metropolitan police department or city policeman.
(Added to NRS by 2001, 1874 ; A 2003, 3413 ; 2005, 346 )
1. Notwithstanding any other provision of this chapter and except
as otherwise provided in this section, if an employee has hepatitis, the
disease is conclusively presumed to have arisen out of and in the course
of his employment if the employee has been continuously employed for 5
years or more as a police officer or a sheriff, deputy sheriff, officer
of a metropolitan police department or city policeman in this State
before the date of any temporary or permanent disability or death
resulting from the hepatitis.
2. Compensation awarded to a police officer, or to the dependents
of a police officer, for hepatitis pursuant to this section must include:
(a) Full reimbursement for related expenses incurred for medical
treatments, surgery and hospitalization; and
(b) The compensation provided in chapters 616A to 616D , inclusive,
of NRS for the disability or death.
3. A police officer shall:
(a) Submit to a blood test to screen for hepatitis C upon
employment and upon the commencement of coverage.
(b) If the employer of the police officer provides screening for
hepatitis C for police officers on an annual basis, submit to a blood
test to screen for hepatitis C thereafter on an annual basis during his
employment.
(c) If the employer of the police officer provides screening for
hepatitis A and hepatitis B for police officers, submit to a blood test
to screen for hepatitis A and hepatitis B upon employment, upon the
commencement of coverage and thereafter on an annual basis during his
employment, except that a police officer is not required to submit to a
blood test to screen for hepatitis A and hepatitis B on an annual basis
during his employment if he has been vaccinated for hepatitis A and
hepatitis B upon employment or at other medically appropriate times
during his employment. Each employer shall provide a police officer with
the opportunity to be vaccinated for hepatitis A and hepatitis B upon
employment and at other medically appropriate times during his employment.
4. All blood tests required pursuant to this section and all
vaccinations provided pursuant to this section must be paid for by the
employer.
5. The provisions of this section:
(a) Except as otherwise provided in paragraph (b), do not apply to
a police officer who is diagnosed with hepatitis upon employment.
(b) Apply to a police officer who is diagnosed with hepatitis upon
employment if, during the employment or within 1 year after the last day
of the employment, he is diagnosed with a different strain of hepatitis.
(c) Apply to a police officer who is diagnosed with hepatitis after
the termination of the employment if the diagnosis is made within 1 year
after the last day of the employment.
6. A police officer who is determined to be:
(a) Partially disabled from an occupational disease pursuant to the
provisions of this section; and
(b) Incapable of performing, with or without remuneration, work as
a police officer,
Ê may elect to receive the benefits provided pursuant to NRS 616C.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 with or result
from hepatitis A, hepatitis B or hepatitis C.
(b) “Police officer” means any police officer other than a sheriff,
deputy sheriff, officer of a metropolitan police department or city
policeman.
(Added to NRS by 2005, 2239 )
PROHIBITED ACTS; PENALTIES
Every employee and the dependent or
dependents of such employee, and the employer or employers of such
employee, shall be subject to all the applicable penalties provided for
injured employees and their employers by chapters 616A to 616D , inclusive,
of NRS unless otherwise provided in this chapter.
[Part 41:44:1947; 1943 NCL § 2800.41]
Except as otherwise provided in NRS 617.017 , no penalty or remedy provided in this chapter
is exclusive of any other penalty or remedy, but is cumulative and in
addition to every other penalty or remedy and may be exercised without
exhausting and without regard to any other penalty or remedy provided by
this chapter or any other statute.
(Added to NRS by 1993, 762)
