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 even-numbered year until the employee is 40 years of age or older and thereafter on an annual basis during his or her employment.
3. A thorough test of the functioning of the lungs is not required for a volunteer firefighter.
4. All physical examinations required pursuant to subsection 2 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 5 years or more before the date of disablement.
6. Failure to correct predisposing conditions which lead to lung disease when so ordered in writing by the examining physician after the annual examination excludes the employee from the benefits of this section if the correction is within the ability of the employee.
7. 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,
Ê may elect to receive the benefits provided under NRS 616C.440 for a permanent total disability.
(Added to NRS by 1965, 368; A 1975, 1195; 1981, 623, 851; 1983, 458; 1987, 553; 1989, 1020; 2005, 345; 2009, 546)