Assembly Bill No. 451–Committee on
Commerce and Labor

 

CHAPTER..........

 

AN ACT relating to occupational diseases; clarifying provisions governing compensation for certain firemen who develop disabling cancer as an occupational disease; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1. NRS 617.453 is hereby amended to read as follows:

    617.453  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 fireman in this state and is entitled

to the benefits of chapters 616A to 616D, inclusive, of NRS

pursuant to the provisions of NRS 616A.145; and

    (b) It is demonstrated that:

        (1) He was exposed, while in the course of the employment,

to a known carcinogen as defined by the International Agency for

Research on Cancer or the National Toxicology Program; and

        (2) The carcinogen is reasonably associated with the

disabling cancer.

    2.  With respect to a person who, for 5 years or more, has been

employed in this state in a full-time salaried occupation of fire

fighting for the benefit or safety of the public, the following

substances shall be deemed, for the purposes of paragraph (b) of

subsection 1, to be known carcinogens that are reasonably

associated with the following disabling cancers:

    (a) Diesel exhaust, formaldehyde and polycyclic aromatic

hydrocarbon shall be deemed to be known carcinogens that are

reasonably associated with bladder cancer.

    (b) Acrylonitrile, formaldehyde and vinyl chloride shall be

deemed to be known carcinogens that are reasonably associated

with brain cancer.

    (c) Diesel exhaust and formaldehyde shall be deemed to be

known carcinogens that are reasonably associated with colon

cancer.

    (d) Formaldehyde shall be deemed to be a known carcinogen

that is reasonably associated with Hodgkin’s lymphoma.

    (e) Formaldehyde and polycyclic aromatic hydrocarbon shall

be deemed to be known carcinogens that are reasonably associated

with kidney cancer.

    (f) Chloroform, soot and vinyl chloride shall be deemed to be

known carcinogens that are reasonably associated with liver

cancer.

    (g) Acrylonitrile, benzene, formaldehyde, polycyclic aromatic

hydrocarbon, soot and vinyl chloride shall be deemed to be known

carcinogens that are reasonably associated with lymphatic or

haemotopoietic cancer.

    3.  The provisions of subsection 2 do not create an exclusive

list and do not preclude any person from demonstrating, on a

case-by-case basis for the purposes of paragraph (b) of subsection

1, that a substance is a known carcinogen that is reasonably

associated with a disabling cancer.

    4.  Compensation awarded to the employee or his dependents

for disabling cancer pursuant to [subsection 1] 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.

    [3.] 5. Disabling cancer is presumed to have developed or

manifested itself out of and in the course of the employment of any

fireman described in this section. This rebuttable presumption

applies to disabling cancer diagnosed after the termination of the

person’s employment if the diagnosis occurs within a period, not to

exceed 60 months, which begins with the last date the employee

actually worked in the qualifying capacity and extends for a period

calculated by multiplying 3 months by the number of full years of

his employment. This rebuttable presumption must control the

awarding of benefits pursuant to this section unless evidence to

[dispute] rebut the presumption is presented.

    6.  The provisions of this section do not create a conclusive

presumption.

 

²⁰~~~~~⁰³