Assembly Bill No. 479–Committee on Ways and Means

 

(On Behalf of the Department of Administration)

 

March 24, 2003

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Revises provisions governing coverage for certain occupational diseases for certain employees of State Department of Conservation and Natural Resources. (BDR 53‑1263)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: Yes.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to occupational diseases; making certain employees of the State Department of Conservation and Natural Resources who perform duties relating to fire suppression eligible for compensation for certain occupational diseases; making game wardens employed by the Department eligible for compensation for diseases of the heart or lungs; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

1-2  617.453  1.  Notwithstanding any other provision of this

1-3  chapter, cancer, resulting in either temporary or permanent

1-4  disability, or death, is an occupational disease and compensable as

1-5  such under the provisions of this chapter if:

1-6  (a) The cancer develops or manifests itself out of and in the

1-7  course of the employment of a person who, for 5 years or more, has

1-8  been:

1-9       (1) Employed in this state in a full-time salaried occupation

1-10  of fire fighting for the benefit or safety of the public; [or]

2-1       (2) Employed by the Division of Forestry of the State

2-2  Department of Conservation and Natural Resource in a position

2-3  with primary direct fire suppression duties; or

2-4       (3) Acting as a volunteer fireman in this state and is entitled

2-5  to the benefits of chapters 616A to 616D, inclusive, of NRS

2-6  pursuant to the provisions of NRS 616A.145; and

2-7  (b) It is demonstrated that:

2-8       (1) He was exposed, while in the course of the employment,

2-9  to a known carcinogen as defined by the International Agency for

2-10  Research on Cancer or the National Toxicology Program; and

2-11          (2) The carcinogen is reasonably associated with the

2-12  disabling cancer.

2-13      2.  Compensation awarded to the employee or his dependents

2-14  for disabling cancer pursuant to subsection 1 must include:

2-15      (a) Full reimbursement for related expenses incurred for medical

2-16  treatments, surgery and hospitalization; and

2-17      (b) The compensation provided in chapters 616A to 616D,

2-18  inclusive, of NRS for the disability or death.

2-19      3.  Disabling cancer is presumed to have developed or

2-20  manifested itself out of and in the course of the employment of any

2-21  fireman or other person described in [this section.] paragraph (a)

2-22  of subsection 1. This presumption applies to disabling cancer

2-23  diagnosed after the termination of the person’s employment if the

2-24  diagnosis occurs within a period, not to exceed 60 months, which

2-25  begins with the last date the employee actually worked in the

2-26  qualifying capacity and extends for a period calculated by

2-27  multiplying 3 months by the number of full years of his

2-28  employment. This presumption must control the awarding of

2-29  benefits pursuant to this section unless evidence to dispute the

2-30  presumption is presented.

2-31      Sec. 2.  NRS 617.455 is hereby amended to read as follows:

2-32      617.455  1.  Notwithstanding any other provision of this

2-33  chapter, diseases of the lungs, resulting in either temporary or

2-34  permanent disability or death, are occupational diseases and

2-35  compensable as such under the provisions of this chapter if caused

2-36  by exposure to heat, smoke, fumes, tear gas or any other noxious

2-37  gases, arising out of and in the course of the employment of a

2-38  person who, for 2 years or more, has been:

2-39      (a) Employed in this state in a full-time salaried occupation of

2-40  fire fighting for the benefit or safety of the public;

2-41      (b) Acting as a volunteer fireman in this state and is entitled to

2-42  the benefits of chapters 616A to 616D, inclusive, of NRS pursuant

2-43  to the provisions of NRS 616A.145; [or]

2-44      (c) Employed in a full-time salaried occupation as a police

2-45  officer in this state[.] ;

3-1  (d) Employed by the Division of Wildlife of the State

3-2  Department of Conservation and Natural Resources as a game

3-3  warden and who was not diagnosed as having any diseases of the

3-4  lungs as of his date of hire; or

3-5  (e) Employed by the Division of Forestry of the State

3-6  Department of Conservation and Natural Resources in a position

3-7  with primary direct fire suppression duties, specifically excluding

3-8  inmates on a work program.

3-9  2.  Except as otherwise provided in subsection 3, each

3-10  employee who is to be covered for diseases of the lungs pursuant to

3-11  the provisions of this section shall submit to a physical examination,

3-12  including a thorough test of the functioning of his lungs and the

3-13  making of an X-ray film of his lungs, upon employment, upon

3-14  commencement of the coverage, once every even-numbered year

3-15  until he is 40 years of age or older and thereafter on an annual basis

3-16  during his employment.

3-17      3.  A thorough test of the functioning of the lungs is not

3-18  required for a volunteer fireman.

3-19      4.  All physical examinations required pursuant to subsection 2

3-20  must be paid for by the employer.

3-21      5.  A disease of the lungs is conclusively presumed to have

3-22  arisen out of and in the course of the employment of a person who

3-23  has been employed in a full-time continuous, uninterrupted and

3-24  salaried occupation as a police officer or fireman , or by the State

3-25  Department of Conservation and Natural Resources in a position

3-26  described in paragraph (d) or (e) of subsection 1, for 5 years or

3-27  more before the date of disablement.

3-28      6.  Failure to correct predisposing conditions which lead to lung

3-29  disease when so ordered in writing by the examining physician after

3-30  the annual examination excludes the employee from the benefits of

3-31  this section if the correction is within the ability of the employee.

3-32      7.  A person who is determined to be:

3-33      (a) Partially disabled from an occupational disease pursuant to

3-34  the provisions of this section; and

3-35      (b) Incapable of performing, with or without remuneration, work

3-36  as a fireman or police officer, or work for the State Department of

3-37  Conservation and Natural Resources in a position described in

3-38  paragraph (d) or (e) of subsection 1,

3-39  may elect to receive the benefits provided under NRS 616C.440 for

3-40  a permanent total disability.

3-41      Sec. 3.  NRS 617.457 is hereby amended to read as follows:

3-42      617.457  1.  Notwithstanding any other provision of this

3-43  chapter, diseases of the heart of a person who, for 5 years or more,

3-44  has been [employed] :

4-1  (a) Employed in a full-time continuous, uninterrupted and

4-2  salaried occupation as a fireman or police officer in this state before

4-3  the date of disablement ;

4-4  (b) Employed by the Division of Wildlife of the State

4-5  Department of Conservation and Natural Resources as a game

4-6  warden and who was not diagnosed as having any diseases of the

4-7  heart as of his date of hire; or

4-8  (c) Employed by the Division of Forestry of the State

4-9  Department of Conservation and Natural Resources in a position

4-10  with primary direct fire suppression duties,

4-11  are conclusively presumed to have arisen out of and in the course of

4-12  the employment.

4-13      2.  Notwithstanding any other provision of this chapter, diseases

4-14  of the heart, resulting in either temporary or permanent disability or

4-15  death, are occupational diseases and compensable as such under the

4-16  provisions of this chapter if caused by extreme overexertion in times

4-17  of stress or danger and a causal relationship can be shown by

4-18  competent evidence that the disability or death arose out of and was

4-19  caused by the performance of duties as a volunteer fireman by a

4-20  person entitled to the benefits of chapters 616A to 616D, inclusive,

4-21  of NRS pursuant to the provisions of NRS 616A.145 and who, for 5

4-22  years or more, has served continuously as a volunteer fireman in this

4-23  state and who has not reached the age of 55 years before the onset of

4-24  the disease.

4-25      3.  Except as otherwise provided in subsection 4, each

4-26  employee who is to be covered for diseases of the heart pursuant to

4-27  the provisions of this section shall submit to a physical examination,

4-28  including an examination of the heart, upon employment, upon

4-29  commencement of coverage and thereafter on an annual basis during

4-30  his employment.

4-31      4.  A physical examination is not required for a volunteer

4-32  fireman more than once every 3 years after an initial examination.

4-33      5.  All physical examinations required pursuant to subsection 3

4-34  must be paid for by the employer.

4-35      6.  Failure to correct predisposing conditions which lead to

4-36  heart disease when so ordered in writing by the examining physician

4-37  subsequent to the annual examination excludes the employee from

4-38  the benefits of this section if the correction is within the ability of

4-39  the employee.

4-40      7.  A person who is determined to be:

4-41      (a) Partially disabled from an occupational disease pursuant to

4-42  the provisions of this section; and

4-43      (b) Incapable of performing, with or without remuneration, work

4-44  as a fireman or police officer, or work for the State Department of

5-1  Conservation and Natural Resources in a position described in

5-2  paragraph (b) or (c) of subsection 1,

5-3  may elect to receive the benefits provided under NRS 616C.440 for

5-4  a permanent total disability.

5-5  8.  Claims filed under this section may be reopened at any time

5-6  during the life of the claimant for further examination and treatment

5-7  of the claimant upon certification by a physician of a change of

5-8  circumstances related to the occupational disease which would

5-9  warrant an increase or rearrangement of compensation.

5-10      Sec. 4.  The amendatory provisions of sections 1, 2 and 3 of

5-11  this act do not apply to any person who, on July 1, 2005, is

5-12  receiving compensation for cancer or diseases of the heart or lungs

5-13  pursuant to chapters 616A to 616D, inclusive, or chapter 617 of

5-14  NRS.

5-15      Sec. 5.  This act becomes effective on July 1, 2005.

 

5-16  H