Nevada § 617.455 - Lung diseases as occupational diseases of firefighters, police officers and arson investigators

§ 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, 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 2 years or more before the date of disablement if the disease is diagnosed and

causes the disablement: (a) During the course of that employment; (b) If the person ceases employment before completing 20 years of service as a police

officer, firefighter or arson investigator, during the period after separation from

employment which is equal to the number of years worked; or (c) If the person ceases employment after completing 20 years or more of service as

a police officer, firefighter or arson investigator, at any time during the person's

life. Service credit which is purchased in a retirement system must not be calculated towards

the years of service of a person for the purposes of this section. 6. Frequent or regular use of a tobacco product within 1 year, or a material departure

from a physician's prescribed plan of care by a person within 3 months, immediately

preceding the filing of a claim for compensation excludes a person who has separated

from service from the benefit of the conclusive presumption provided in subsection

5. 7. 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. 8. 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, may elect to receive the benefits provided under NRS 616C.440 for a permanent total disability. 9. A person who files a claim for a disease of the lungs specified in this section

after he or she retires from employment as a police officer, firefighter or arson

investigator is not entitled to receive any compensation for that disease other than

medical benefits. 10. The Administrator shall review a claim filed by a claimant pursuant to this section

that has been in the appeals process for longer than 6 months to determine the circumstances

causing the delay in processing the claim. As used in this subsection, “ appeals process ” means the period of time that: (a) Begins on the date on which the claimant first files or submits a request for

a hearing or an appeal of a determination regarding the claim; and (b) Continues until the date on which the claim is adjudicated to a final decision. 11. Except as otherwise provided in this subsection, if an employer, insurer or third-party

administrator denies a claim that was filed pursuant to this section and the claimant

ultimately prevails, the Administrator may order the employer, insurer or third-party

administrator, as applicable, to pay to the claimant a benefit penalty of not more

than $200 for each day from the date on which an appeal is filed until the date on

which the claim is adjudicated to a final decision. Such benefit penalty is payable in addition to any benefits to which the claimant

is entitled under the claim and any fines and penalties imposed by the Administrator

pursuant to NRS 616D.120 . If a hearing before a hearing officer is requested pursuant to NRS 616C.315 and held pursuant to NRS 616C.330 , the employer, insurer or third-party administrator, as applicable, shall pay to

the claimant all medical costs which are associated with the occupational disease

and are incurred from the date on which the hearing is requested until the date on

which the claim is adjudicated to a final decision. If the employer, insurer or third-party administrator, as applicable, ultimately

prevails, the employer, insurer or third-party administrator, as applicable, is entitled

to recover the amount paid pursuant to this subsection in accordance with the provisions

of NRS 616C.138 .