Nevada § 617.457 - Heart diseases as occupational diseases of firefighters, arson investigators and police officers

§ 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 2 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 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. 2. 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

1. 3. 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. 4. Except as otherwise provided in subsection 5, 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. 5. 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), 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. 6. 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. 7. Failure to submit to a physical examination that is scheduled by his or her employer

pursuant to subsection 6 excludes the volunteer firefighter from the benefits of this

section. 8. 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. 9. 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 8; (b) Is declared physically fit to perform the duties required of a firefighter; and (c) Becomes a volunteer with the volunteer fire department. 10. Except as otherwise provided in subsection 8, all physical examinations required

pursuant to subsections 4 and 5 must be paid for by the employer. 11. 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 4 or 5 excludes the employee from the benefits of

this section if the correction is within the ability of the employee. 12. 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, may elect to receive the benefits provided under NRS 616C.440 for a permanent total disability. 13. 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. 14. A person who files a claim for a disease of the heart specified in this section

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

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

benefits. 15. 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. 16. 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 .