{"id":626,"date":"2014-09-29T10:05:00","date_gmt":"2014-09-29T10:05:00","guid":{"rendered":"https:\/\/jhwlawoffice.com\/nevada-workers-comp-law-blog\/?p=626"},"modified":"2020-01-29T14:14:57","modified_gmt":"2020-01-29T14:14:57","slug":"nevada-fire-fighters-have-special-work-comp-laws","status":"publish","type":"post","link":"https:\/\/jhwlawoffice.com\/nevada-workers-comp-law-blog\/2014\/09\/articles\/police-and-firefighters\/nevada-fire-fighters-have-special-work-comp-laws\/","title":{"rendered":"Nevada Fire Fighters Have Special Work Comp Laws"},"content":{"rendered":"

Special Work Comp Laws Applicable to Fire Fighters<\/span><\/p>\n

A. Contagious diseases<\/strong><\/em><\/p>\n

Exposure to contagious diseases<\/b> while providing medical care at work is considered an injury by accident. NRS 616A.265 (2); testing and lifetime benefits for tuberculosis, hepatitis, and HIV are covered in detail for fire fighters.<\/p>\n

B. Cancer<\/em><\/strong><\/p>\n

There is a rebuttable presumption of compensability if a fire fighter\u2019s cancer develops or manifests itself out of and in the course of employment after 5 years of employment and the fire fighter was exposed to a known carcinogen and the carcinogen is reasonably related to the disabling cancer. NRS 617.453. This law has a non-exclusive list of known carcinogens and cancers they are associated with. This rebuttable presumption extends for cancer diagnosed after employment terminates for period not to exceed 5 years. The employer can present evidence to rebut presumption. If fire fighter doesn\u2019t have 5 years of employment for the rebuttable presumption to apply, she may still seek occupational disease benefits by proving her cancer is work related under NRS 617.440 (See Evans<\/span> case.)<\/span><\/p>\n

C. Heart disease<\/strong><\/em><\/p>\n

NRS 617.457 provides for a conclusive presumption<\/b> that a disabling heart disease is occupationally related for fire fighter with 5 years <\/b>of continuous, full time employment. A failure to correct predisposing conditions is a defense to the claim. Fire fighter who is partially disabled and cannot work as a fire fighter may elect PT benefits.<\/p>\n

D. Hepatitis<\/em><\/strong><\/p>\n

Under NRS 617.485, hepatitis is conclusively presumed<\/b> to be occupationally related of a fire fighter with 5 years<\/b> of employment, unless the fire fighter had that particular kind of hepatitis when employed as a fire fighter. Fire fighter may elect PT benefits is partially disabled and unable to work as a fire fighter.<\/p>\n

E. Lung Disease<\/em><\/strong><\/p>\n

Under NRS 617.455 there is a conclusive presumption <\/strong>that a disease of the lungs is occupationally related if the fire fighter has 5 years of employment before becoming disabled. Fire fighters with 2 to 5 years of employment as a fire fighter must show a causal relationship between lung disease and exposure to heat, smoke, fumes, tear gas or other noxious gases in the employment.<\/p>\n","protected":false},"excerpt":{"rendered":"

Special Work Comp Laws Applicable to Fire Fighters A. Contagious diseases Exposure to contagious diseases while providing medical care at work is considered an injury by accident. NRS 616A.265 (2); testing and lifetime benefits for tuberculosis, hepatitis, and HIV are covered in detail for fire fighters. B. Cancer There is a rebuttable presumption of compensability … Continue reading Nevada Fire Fighters Have Special Work Comp Laws<\/span> →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[97],"tags":[172,229,233,294,342,385,505],"class_list":["post-626","post","type-post","status-publish","format-standard","hentry","category-police-and-firefighters","tag-compensation","tag-fighter","tag-fire","tag-law","tag-nevada","tag-police-and-firefighters","tag-workers"],"acf":[],"aioseo_notices":[],"aioseo_head":"\n\t\t\n\t\n\t\n\t\n\t\n\t\n\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t