[Rev. 11/21/2013 12:39:49 PM--2013]

CHAPTER 617 - OCCUPATIONAL DISEASES

GENERAL PROVISIONS

NRS 617.010           Short title.

NRS 617.015           Rights and liabilities of employers and employees.

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

NRS 617.020           Definitions.

NRS 617.030           “Casual” defined.

NRS 617.050           “Compensation” defined.

NRS 617.060           “Disablement” and “total disablement” defined.

NRS 617.065           “Disease related to asbestos” defined.

NRS 617.070           “Employee” and “worker” 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           “Employer” defined.

NRS 617.120           “Independent contractor” defined.

NRS 617.130           “Medical benefits” defined.

NRS 617.135           “Police officer” defined.

NRS 617.140           “Silicosis” defined.

NRS 617.145           “Sole proprietor” defined.

NRS 617.150           “Subcontractors” defined.

ADMINISTRATION

NRS 617.160           Division of Industrial Relations to administer chapter.

NRS 617.165           Procedures for determination of contested cases.

PREMIUMS AND ACCOUNTS

NRS 617.1665         Payment of premiums by employers insured by private carrier.

NRS 617.1675         Account for Pensions for Silicosis, Diseases Related to Asbestos and Other Disabilities: Creation; interest and income; administration.

NRS 617.168           Account for Pensions for Silicosis, Diseases Related to Asbestos and Other Disabilities: Uses and purposes; reversion.

LIABILITY FOR PROVISION OF COVERAGE

Applicability

NRS 617.170           No liability created for disability or death occurring before July 1, 1947.

NRS 617.175           Independent enterprises.

NRS 617.190           Devices modifying liability void.

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

NRS 617.203           Limitation of liability of principal contractor for occupational disease contracted by independent contractor or employee of independent contractor.

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

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

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

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.

NRS 617.215           Actions at law.

 

Election of Coverage

NRS 617.220           Applicability to employers of excluded persons.

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

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

REPORTS OF OCCUPATIONAL DISEASES AND CLAIMS FOR COMPENSATION

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

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

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

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

NRS 617.348           Dependent of employee barred from filing claim for compensation if untimely or previously denied.

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

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

NRS 617.356           Duty of insurer to accept or deny claim; written determination.

NRS 617.357           Certain claims regarding cancer, lung or heart diseases, certain contagious diseases or hepatitis: Reports by insurers to Administrator; public reports by Administrator.

DETERMINATION AND PAYMENT OF BENEFITS

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

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

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

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

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

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

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

NRS 617.390           Compensation for both injury and disease.

NRS 617.392           Compensation for combination of injuries, illnesses and disabilities.

NRS 617.395           Compensation for mastectomy and reconstructive surgery.

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

NRS 617.401           Compensation from Uninsured Employers’ Claim Account: Administration and payment of claims; eligibility of employee; liability of employer; powers and duties of Division; appeals; collection.

NRS 617.4015         Application for entry of summary judgment: Conditions; notice to employer; filing requirements; entry of judgment; service of judgment; recordation of judgment; lien upon property of employer; extension of lien.

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

NRS 617.405           Judicial review of contested claims.

COMPENSATION FOR DISABILITY AND DEATH

NRS 617.410           Compensation paid by insurer.

NRS 617.420           Minimum duration of incapacity; payment of medical benefits.

NRS 617.430           Eligibility; limitations.

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

NRS 617.445           Determination of date of disablement.

NRS 617.450           Specific occupational diseases; schedule.

NRS 617.453           Cancer as occupational disease of firefighters.

NRS 617.454           Physical examinations: Required tests.

NRS 617.455           Lung diseases as occupational diseases of firefighters, police officers and arson investigators.

NRS 617.457           Heart diseases as occupational diseases of firefighters, arson investigators and police officers.

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

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

NRS 617.470           Occupational diseases of respiratory tract resulting from exposure to dusts.

NRS 617.481           Certain contagious diseases as occupational diseases.

NRS 617.485           Hepatitis as occupational disease of police officers, firefighters and emergency medical attendants. [Effective through December 31, 2013.]

NRS 617.485           Hepatitis as occupational disease of police officers, firefighters and emergency medical attendants. [Effective January 1, 2014.]

NRS 617.487           Hepatitis as occupational disease of certain other police officers.

PROHIBITED ACTS; PENALTIES

NRS 617.500           Applicability.

NRS 617.510           Penalties and remedies are cumulative; exception.

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GENERAL PROVISIONS

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

      [1:44:1947; 1943 NCL § 2800.01]

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

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

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

      1.  The rights and remedies provided in this chapter on account of an occupational disease sustained by an employee, arising out of and in the course of the employment, are exclusive, except as otherwise provided in this chapter, of all other rights and remedies of the employee, the employee’s 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 or her employer under the laws of any other state or jurisdiction and the employee is barred from commencing any action or proceeding for the enforcement or collection of any benefits or award under the laws of any other state or jurisdiction.

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

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

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

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

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

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

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

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

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

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

      1.  Interstitial pulmonary fibrosis;

      2.  Mesothelioma; and

      3.  Bronchogenic, laryngeal, lymphatic or gastrointestinal carcinoma.

      (Added to NRS by 1987, 589)

      NRS 617.070  “Employee” and “worker” defined.  “Employee” and “worker” 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.

      6.  Volunteer health practitioners, as defined in NRS 415A.180, who are providing health or veterinary services pursuant to chapter 415A of NRS and are entitled to the benefits of chapters 616A to 616D, inclusive, of NRS pursuant to the provisions of NRS 415A.280.

      [10:44:1947; 1943 NCL § 2800.10]—(NRS A 1965, 368; 1967, 1370; 1975, 621, 1021; 1979, 949; 1987, 600; 2005, 343; 2011, 949)

      NRS 617.080  “Employee”: Persons excluded.  “Employee” excludes:

      1.  Any person whose employment is both casual and not in the course of the trade, business, profession or occupation of his or her 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 patroller who receives no compensation for his or her 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 or her home or place other than a retail store; or

             (2) To another person from his or her 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 the person works; and

      (c) Performs pursuant to a written agreement with the person for whom the services are performed which provides that the person who performs the services 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)

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

      1.  An employee of the lessor; and

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

      (Added to NRS by 1987, 600)

      NRS 617.100  “Employee”: Subcontractors and employees.

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

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

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

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

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

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

      1.  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)

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

      [12:44:1947; 1943 NCL § 2800.12]

      NRS 617.130  “Medical benefits” defined.

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

      2.  The term does not include:

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

      (b) Membership in an athletic or health club;

      (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)

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

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

      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.  A chief, supervisor, investigator or training officer of the Training Division of the Department of Public Safety;

      5.  A chief or investigator of an office of the Department of Public Safety that conducts internal investigations of employees of the Department of Public Safety or investigates other issues relating to the professional responsibility of those employees;

      6.  A chief or investigator of the Department of Public Safety whose duties include, without limitation:

      (a) The execution, administration or enforcement of the provisions of chapter 179A of NRS; and

      (b) The provision of technology support services to the Director and the divisions of the Department of Public Safety;

      7.  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;

      8.  An investigator of the Division of Compliance Enforcement of the Department of Motor Vehicles;

      9.  A member of the police department of the Nevada System of Higher Education;

      10.  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;

      11.  A parole and probation officer of the Division of Parole and Probation of the Department of Public Safety;

      12.  A forensic specialist or correctional officer employed by the Division of Public and Behavioral Health of the Department of Health and Human Services at facilities for mentally disordered offenders;

      13.  The State Fire Marshal and his or her assistant and deputies;

      14.  A game warden of the Department of Wildlife who has the powers of a peace officer pursuant to NRS 289.280;

      15.  A ranger or employee of the Division of State Parks of the State Department of Conservation and Natural Resources who has the powers of a peace officer pursuant to NRS 289.260; and

      16.  A bailiff or a deputy marshal of the district court or justice court whose duties require him or her to carry a weapon and to make arrests.

      (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; 2009, 2426; 2013, 1982)

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

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

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

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

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

      [15:44:1947; 1943 NCL § 2800.15]

ADMINISTRATION

      NRS 617.160  Division of Industrial Relations to administer chapter.  This chapter must be administered by the Division of Industrial Relations of the Department of Business and Industry in the same manner as provided for in chapters 616A to 616D, inclusive, of NRS.

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

      NRS 617.165  Procedures for determination of contested cases.  The Chief of the Hearings Division of the Department of Administration may by regulation provide for specific procedures for the determination of contested cases not inconsistent with this chapter.

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

PREMIUMS AND ACCOUNTS

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

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

      NRS 617.1675  Account for Pensions for Silicosis, Diseases Related to Asbestos and Other Disabilities: Creation; interest and income; administration.

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

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

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

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

      NRS 617.168  Account for Pensions for Silicosis, Diseases Related to Asbestos and Other Disabilities: Uses and purposes; reversion.

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

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

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

      (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

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

      [40:44:1947; 1943 NCL § 2800.40]

      NRS 617.175  Independent enterprises.

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

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

      (b) The person 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 or herself out as being engaged in a separate business and:

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

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

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

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

      NRS 617.190  Devices modifying liability void.

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

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

      [24:44:1947; A 1951, 372]

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

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

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

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

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

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

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

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

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

      (Added to NRS by 1991, 2429)

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

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

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

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

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

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

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

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

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

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

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

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

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

      (a) Receives pay for service performed shall be deemed for the purposes of this chapter to receive a minimum pay of $6,000 per 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 or herself 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 or herself 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 or her 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 or herself under this chapter during any period in which the sole proprietor performs work under the contract for which he or she 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 the employees of the sole proprietor, if any; and

      (b) Is not liable as a principal contractor to the sole proprietor or the employees of the sole proprietor, 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)

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

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

Election of Coverage

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

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

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

      1.  A sole proprietor may elect to be included within the terms, conditions and provisions of this chapter to secure for himself or herself 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 or her 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 the sole proprietor files a written notice with the private carrier and the Administrator that the sole proprietor withdraws his or her 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)

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

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

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

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

      (c) The total amount earned by lessees, computed on the average daily wages of workers 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 the lessee and any workers he or she may employ, the lessor is relieved of this obligation.

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

REPORTS OF OCCUPATIONAL DISEASES AND CLAIMS FOR COMPENSATION

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

      1.  An employee or, in the event of the employee’s death, one of the dependents of the employee, 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 the dependent of the employee to describe briefly the circumstances which caused the disease or death.

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

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

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

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

      1.  Except as otherwise provided in subsection 2, an employee who has incurred an occupational disease, or a person acting on behalf of the employee, 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 or her 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 or her behalf, shall file a claim for compensation with the insurer within 1 year after the death of the employee.

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

      (Added to NRS by 1993, 763)

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

      (Added to NRS by 1995, 2034)

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

      1.  Except as otherwise provided in subsection 2, an employee or, in the event of the death of the employee, the dependent of the employee, is barred from recovering compensation pursuant to the provisions of this chapter if he or she 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 or her control prevented him or her 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)

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

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

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

      (Added to NRS by 1993, 762)

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

      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)

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

      1.  Except as otherwise provided in NRS 616B.727, within 6 working days after the receipt of a claim for compensation from a physician or chiropractor, 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 the employer’s 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 the employer’s 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 the employer’s 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)

      NRS 617.356  Duty of insurer to accept or deny claim; written determination.

      1.  An insurer shall accept or deny a claim for compensation under this chapter and notify the claimant or the person acting on behalf of the claimant pursuant to NRS 617.344 that the claim has been accepted or denied within 30 working days after the forms for filing the claim for compensation are received pursuant to both NRS 617.344 and 617.352.

      2.  The insurer shall notify the claimant or the person acting on behalf of the claimant that a claim has been accepted or denied pursuant to subsection 1 by:

      (a) Mailing its written determination to the claimant or the person acting on behalf of the claimant; and

      (b) If the claim has been denied, in whole or in part, obtaining a certificate of mailing.

      3.  The failure of the insurer to obtain a certificate of mailing as required by paragraph (b) of subsection 2 shall be deemed to be a failure of the insurer to mail the written determination of the denial of a claim as required by this section.

      4.  Upon request, the insurer shall provide a copy of the certificate of mailing, if any, to the claimant or the person acting on behalf of the claimant.

      5.  For the purposes of this section, the insurer shall mail the written determination to:

      (a) The mailing address of the claimant or the person acting on behalf of the claimant that is provided on the form prescribed by the Administrator for filing the claim; or

      (b) Another mailing address if the claimant or the person acting on behalf of the claimant provides to the insurer written notice of another mailing address.

      6.  As used in this section, “certificate of mailing” means a receipt that provides evidence of the date on which the insurer presented its written determination to the United States Postal Service for mailing.

      (Added to NRS by 1993, 764; A 2007, 3366)

      NRS 617.357  Certain claims regarding cancer, lung or heart diseases, certain contagious diseases or hepatitis: Reports by insurers to Administrator; public reports by Administrator.

      1.  Each insurer shall submit to the Administrator a written report concerning each claim for compensation in which the claimant is a firefighter, police officer, arson investigator or emergency medical attendant that is filed with the insurer pursuant to NRS 617.453, 617.455, 617.457, 617.481, 617.485 or 617.487. 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.

      4.  As used in this section, the term “police officer” includes a peace officer as that term is defined in subsection 3 of NRS 289.010.

      (Added to NRS by 2001, 828; A 2013, 344)

DETERMINATION AND PAYMENT OF BENEFITS

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

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

      2.  If the employee files a notice of an occupational disease pursuant to NRS 617.342 after his or her 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 or her employment.

      3.  The provisions of this section do not apply to any claim filed for an occupational disease described in NRS 617.453, 617.455, 617.457, 617.485 or 617.487.

      (Added to NRS by 1993, 764; A 2009, 546)

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

      1.  An insurer shall not provide compensation to or for an employee or the dependents of the employee 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 the right of the employee to contest the deduction; and

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

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

      (Added to NRS by 1993, 761)

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

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

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

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)

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

      1.  The resulting condition of an employee who:

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

      (b) Subsequently contracts an occupational disease which aggravates, precipitates or accelerates the 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 or her 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)

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

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

      (a) Requested by the insurer; or

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

Ê submit to a 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, the employee’s 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 the employee, 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, the right of the employee to compensation is suspended until the examination has taken place, and no compensation is payable during or for the period of suspension.

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

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

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

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

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

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

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

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

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

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

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

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

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

      (b) The employee cannot be fitted with a prosthetic device which allows the employee 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)

      NRS 617.390  Compensation for both injury and disease.

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

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

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

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

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

      (Added to NRS by 1981, 850)

      NRS 617.395  Compensation for mastectomy and reconstructive surgery.

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

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

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

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

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

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

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

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

      NRS 617.401  Compensation from Uninsured Employers’ Claim Account: Administration and payment of claims; eligibility of employee; liability of employer; powers and duties of Division; appeals; collection.

      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) The employee was hired in this State or is regularly employed in this State;

      (b) The employee 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) The employee files a claim for compensation with the Division; and

      (d) The employee 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 the employee 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 and NRS 617.4015, the employer has the burden of proving that the employer provided mandatory coverage for occupational diseases for the employee or that the employer 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 behalf of the employer, 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 or filing an application for the entry of summary judgment pursuant to NRS 617.4015 in a court of competent jurisdiction. For the purposes of this paragraph, the payments made by the Division that are described in subsection 5 are presumed to be:

             (1) Justified by the circumstances of the claim;

             (2) Made in accordance with applicable law; and

             (3) Reasonable and necessary.

      (b) In any civil action or application for the entry of summary judgment filed pursuant to NRS 617.4015 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 or filing an application for the entry of summary judgment pursuant to NRS 617.4015, 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 or her 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.  If the Division has not obtained a civil judgment or an entry of summary judgment pursuant to NRS 617.4015 and the Division assigns a debt that arises under this section to the State Controller for collection pursuant to NRS 353C.195, the State Controller may bring an action in his or her own name in a court of competent jurisdiction to recover any amount that the Division is authorized to recover pursuant to this section.

      (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; 2009, 1185; 2011, 898)

      NRS 617.4015  Application for entry of summary judgment: Conditions; notice to employer; filing requirements; entry of judgment; service of judgment; recordation of judgment; lien upon property of employer; extension of lien.

      1.  Except as otherwise provided in this subsection, if an employer fails to pay to the Division any amount due pursuant to NRS 617.401, the Division may, after the date on which the debt became due, file with the office of the clerk of a court of competent jurisdiction an application for the entry of summary judgment against the employer for the amount due. The Division may not enforce a judgment against an employer if an appeal requested by the employer pursuant to NRS 617.401 is pending.

      2.  If the Division intends to file an application for the entry of summary judgment, the Division shall, not less than 15 days before the date on which the application is filed, notify the employer of the Division’s intention to file the application. The notification must be sent by certified mail to the last known address of the employer and must include the name of the employee for whom the claim was paid, the amount sought to be recovered and the date on which the application will be filed with the court.

      3.  An application for the entry of summary judgment must:

      (a) Be accompanied by a certificate which specifies:

             (1) The amount owed by the employer, including any attorney’s fees, interest and administrative costs due;

             (2) The name and address of the employer; and

             (3) That the Division has complied with the applicable provisions of law relating to the determination of the amount required to be paid; and

      (b) Include:

             (1) A request that judgment be entered against the employer for the amount specified in the certificate; and

             (2) Evidence that the employer was notified of the application for the entry of summary judgment in accordance with subsection 2.

      4.  The court clerk, upon the filing of an application for the entry of summary judgment which complies with the requirements set forth in this section, shall forthwith enter a judgment against the employer in the amount of the debt, plus any attorney’s fees, interest and administrative costs, as set forth in the certificate. The Division shall serve a copy of the judgment, together with a copy of the application and the certificate, upon the employer against whom the judgment is entered, either by personal service or by mailing a copy to the last known address of the employer.

      5.  An abstract of the judgment entered pursuant to subsection 4, or a copy thereof, may be recorded in the office of the county recorder of any county.

      6.  From the time of its recordation, the judgment constitutes a lien upon all real and personal property situated in the county that is owned by the employer, or which the employer may afterward acquire, until the lien expires. The lien has the force, effect and priority of a judgment lien and continues for 6 years after the date of the judgment so entered by the court clerk unless sooner released or otherwise discharged.

      7.  Within 6 years after the date of the recording of the judgment or within 6 years after the date of the last extension of the lien pursuant to this subsection, the lien may be extended by recording an affidavit of renewal in the office of the county recorder. From the date of recording, the lien is extended for 6 years to all real and personal property situated in the county that is owned by the employer or acquired by the employer afterwards, unless the lien is sooner released or otherwise discharged.

      (Added to NRS by 2011, 897)

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

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

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

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

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

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

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

      NRS 617.405  Judicial review of contested claims.

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

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

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

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

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

COMPENSATION FOR DISABILITY AND DEATH

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

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

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

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

      NRS 617.430  Eligibility; limitations.

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

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

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

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

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

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

      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 workers 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.

      5.  The requirements set forth in this section do not apply to claims filed pursuant to NRS 617.453, 617.455, 617.457, 617.485 or 617.487.

      [Part 26:44:1947; A 1949, 365; 1953, 297]—(NRS A 1961, 589; 1963, 874; 1967, 685; 1983, 458; 2007, 3366)

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

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

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

 

SCHEDULE

 

Description of Disease or Injury

Description of Process

 

 

Anthrax.........................................................

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

 

Arsenic poisoning.........................................

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

 

Brass or zinc poisoning...............................

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

 

Carbon monoxide poisoning.....................

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

 

Chrome ulceration of skin or nasal passages........................................................

 

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

 

Compressed air illness.................................

Any work process carried on in compressed air.

 

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

 

 

 

Handling or industrial use of carbon, pitch or tarry compounds.

 

Glanders........................................................

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

 

Infection or inflammation of the skin on contact surfaces due to oils, cutting compounds or lubricants, dusts, liquids, fumes, gases or vapors...............................

 

 

 

Any process involving the production, handling or use of oils, cutting compounds or lubricants, or involving contact with dust, liquids, fumes, gases or vapors.

 

Lead poisoning.............................................

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

 

Manganese dioxide poisoning...................

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

 

Mercury poisoning.......................................

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

 

Phosphorus poisoning.................................

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

 

Poisoning by carbon bisulfide...................

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

 

Poisoning by chlorine..................................

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

 

Poisoning by flour, burned grease, bakery and kitchen fumes and other food products...............................................

 

 

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

 

Poisoning by gasoline, benzine, naphtha or other volatile petroleum products........

 

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

 

Poisoning by wood alcohol........................

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

 

Potassium cyanide poisoning....................

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

 

Radium poisoning or disability due to radioactive properties or substances, or to roentgen rays (X rays), or to exposure to ionizing radiation....................................

 

 

 

Any process involving the use of or direct contact with radium or a radioactive substance, or the use of or direct exposure to roentgen rays (X rays) or ionizing radiation.

 

Sulfur dioxide poisoning.............................

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

 

Tenosynovitis and prepatellar bursitis.....

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

 

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

      NRS 617.453  Cancer as occupational disease of firefighters.

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

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

             (1) Employed in this State in a full-time salaried occupation 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) The person 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.

      (h) Diesel exhaust, soot, aldehydes and polycyclic aromatic hydrocarbon shall be deemed to be known carcinogens that are reasonably associated with basal cell carcinoma, squamous cell carcinoma and malignant melanoma.

      (i) Acrylonitrile, benzene and formaldehyde shall be deemed to be known carcinogens that are reasonably associated with prostate cancer.

      (j) Diesel exhaust, soot and polychlorinated biphenyls shall be deemed to be known carcinogens that are reasonably associated with testicular cancer.

      (k) Diesel exhaust, benzene and X-ray radiation shall be deemed to be known carcinogens that are reasonably associated with thyroid 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 or her 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 or her 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; 2009, 2822)

      NRS 617.454  Physical examinations: 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 hearing of the employee; and

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

      2.  Except as otherwise provided in subsection 7 of NRS 617.457, the tests required by this section must be paid for by the employer.

      (Added to NRS by 1991, 959; A 2001, 1017; 2009, 749)

      NRS 617.455  Lung diseases as occupational diseases of firefighters, police officers and arson investigators.

      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 or the investigation of arson 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 or her lungs and the making of an X-ray film of the employee’s lungs, upon employment, upon commencement of the coverage, once every 2 years until the employee is 40 years of age or older and thereafter on an annual basis during his or her employment.

      3.  Each volunteer firefighter who is to be covered for diseases of the lungs pursuant to the provisions of this section shall submit to:

      (a) A physical examination upon employment and upon commencement of the coverage; and

      (b) The making of an X-ray film of the volunteer firefighter’s lungs once every 3 years after the physical examination that is required upon commencement of the coverage,

Ê until the volunteer firefighter reaches the age of 50 years. Each volunteer firefighter who is 50 years of age or older shall submit to a physical examination once every 2 years during his or her employment. As used in this subsection, “physical examination” includes the making of an X-ray film of the volunteer firefighter’s lungs but excludes a thorough test of the functioning of his or her lungs.

      4.  All physical examinations required pursuant to subsections 2 and 3 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, firefighter or arson investigator 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 a physical examination required pursuant to subsection 2 or 3 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, police officer or arson investigator,

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; 2009, 546; 2011, 582)

      NRS 617.457  Heart diseases as occupational diseases of firefighters, arson investigators and police officers.

      1.  Notwithstanding any other provision of this chapter, diseases of the heart of a person who, for 5 years or more, has been employed in a full-time continuous, uninterrupted and salaried occupation as a firefighter, arson investigator 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 by continuously maintaining an active status on the roster of a volunteer fire department.

      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 or her employment.

      4.  During the period in which a volunteer firefighter is continuously on active status on the roster of a volunteer fire department, a physical examination for the volunteer firefighter is required:

      (a) Upon employment;

      (b) Upon commencement of coverage; and

      (c) Once every 3 years after the physical examination that is required pursuant to paragraph (b),

Ê until the firefighter reaches the age of 50 years. Each volunteer firefighter who is 50 years of age or older shall submit to a physical examination once every 2 years during his or her employment.

      5.  The employer of the volunteer firefighter is responsible for scheduling the physical examination. The employer shall mail to the volunteer firefighter a written notice of the date, time and place of the physical examination at least 10 days before the date of the physical examination and shall obtain, at the time of mailing, a certificate of mailing issued by the United States Postal Service.

      6.  Failure to submit to a physical examination that is scheduled by his or her employer pursuant to subsection 5 excludes the volunteer firefighter from the benefits of this section.

      7.  The chief of a volunteer fire department may require an applicant to pay for any physical examination required pursuant to this section if the applicant:

      (a) Applies to the department for the first time as a volunteer firefighter; and

      (b) Is 50 years of age or older on the date of his or her application.

      8.  The volunteer fire department shall reimburse an applicant for the cost of a physical examination required pursuant to this section if the applicant:

      (a) Paid for the physical examination in accordance with subsection 7;

      (b) Is declared physically fit to perform the duties required of a firefighter; and

      (c) Becomes a volunteer with the volunteer fire department.

      9.  Except as otherwise provided in subsection 7, all physical examinations required pursuant to subsections 3 and 4 must be paid for by the employer.

      10.  Failure to correct predisposing conditions which lead to heart disease when so ordered in writing by the examining physician subsequent to a physical examination required pursuant to subsection 3 or 4 excludes the employee from the benefits of this section if the correction is within the ability of the employee.

      11.  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, arson investigator or police officer,

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

      12.  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; 2009, 547, 749; 2011, 584)

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

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

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

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

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

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

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

      3.  Nothing in this chapter entitles an employee or the dependents of the employee 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 the dependents of the claimant.

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

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

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

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

      NRS 617.481  Certain contagious diseases as occupational diseases.

      1.  Notwithstanding any other provision of this chapter and except as otherwise provided in this section, if a person employed in this State contracts a contagious disease during the course and scope of his or her 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 or her employment;

      (b) The employee reported the exposure to his or her 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 the dependents of the employee 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 the dependents of the employee 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 the dependents of the employee 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 the employee’s 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 the employee was exposed.

      (Added to NRS by 2001, 827)

      NRS 617.485  Hepatitis as occupational disease of police officers, firefighters and emergency medical attendants. [Effective through December 31, 2013.]

      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 or her 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 or her 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 or her 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 or her employment if he or she has been vaccinated for hepatitis A and hepatitis B upon employment or at other medically appropriate times during his or her 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 or her 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 or she 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 police officer.

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

      NRS 617.485  Hepatitis as occupational disease of police officers, firefighters and emergency medical attendants. [Effective January 1, 2014.]

      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 or her 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 or her 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 or her 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 or her employment if he or she has been vaccinated for hepatitis A and hepatitis B upon employment or at other medically appropriate times during his or her 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 or her 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 or she 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, advanced emergency medical technician or paramedic 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 police officer.

      (Added to NRS by 2001, 1874; A 2003, 3413; 2005, 346; 2013, 965, effective January 1, 2014)

      NRS 617.487  Hepatitis as occupational disease of certain other police officers.

      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 or her 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 police officer 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 or her 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 or her 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 or her employment if he or she has been vaccinated for hepatitis A and hepatitis B upon employment or at other medically appropriate times during his or her 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 or her 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, the police officer 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 police officer.

      (Added to NRS by 2005, 2239)

PROHIBITED ACTS; PENALTIES

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

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

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

      (Added to NRS by 1993, 762)