NRS
616C.175 Employment-related aggravation of preexisting condition which is
not employment related; aggravation of employment-related injury by incident
which is not employment related.
1. The resulting condition of an employee
who:
(a) Has a preexisting condition from a cause or
origin that did not arise out of or in the course of the employee’s current or
past employment; and
(b) Subsequently sustains an injury by accident
arising out of and in the course of his or her employment which aggravates,
precipitates or accelerates the preexisting condition,
Ê shall be
deemed to be an injury by accident that is compensable pursuant to the
provisions of chapters 616A to 616D, inclusive, of NRS, unless the insurer can
prove by a preponderance of the evidence that the subsequent injury is not a
substantial contributing cause of the resulting condition.
2. The resulting condition of an employee
who:
(a) Sustains an injury by accident arising out of
and in the course of his or her employment; and
(b) Subsequently aggravates, precipitates or
accelerates the injury in a manner that does not arise out of and in the course
of his or her employment,
Ê shall be
deemed to be an injury by accident that is compensable pursuant to the
provisions of chapters 616A to 616D, inclusive, of NRS, unless the insurer can
prove by a preponderance of the evidence that the injury described in paragraph
(a) is not a substantial contributing cause of the resulting condition.
(Added to NRS by 1993,
663; A 1995,
2147; 1999,
1777)
Notes of Decisions
Hayes v. State Indus. Ins. Sys., 971 P.2d 1257 (Nev. 1998).
· cites it 35× “As pointed out in the district court's order, the appeals officer "rejected SIIS' argument and refused to apply NRS 616C.175." We conclude that the appeals officer was right and that NRS 616C.”
Law Offices of Barry Levinson, P.C. v. Milko, 184 P.3d 378 (Nev. 2008).
“490(9) (allowing for apportionment for previous permanent disabilities) with NRS 616C.175 (explaining when workers’ compensation is available despite preexisting conditions).”
State Indus. Ins. Sys. v. Bokelman, 946 P.2d 179 (Nev. 1997).
· cites it 3× “Except as otherwise provided in this section and NRS 616C.175 [which governs aggravation of preexisting injuries] , every employee .”
State Indus. Ins. Sys. v. Miller, 923 P.2d 577 (Nev. 1996).
· cites it 2× “175, every employee in the employ of an employer, within the provisions of chapters 616A to 616D, inclusive, of NRS, who is injured by accident arising out of and in the course of employment, *580 or his dependents as defined in chapters 616A to 616D, inclusive, of NRS, is…”
Las Vegas Hous. Auth. v. Root, 8 P.3d 143 (Nev. 2000).
· cites it 2× “50185 (now NRS 616C.175) based on Root’s preexisting problems with his left shoulder.”
Amazon.com v. Magee, 119 P.3d 732 (Nev. 2005).
“500(1) states: Except as otherwise provided in subsection 2 and NRS 616C.175, every employee in the employ of an employer, within the provisions of chapters 616A to 616D, inclusive, of NRS, who is injured by accident arising out of and in the course of employment, is entitled to…”
Ross v. Hilton, 931 P.2d 1366 (Nev. 1997).
“50185(1), now codified as NRS 616C.175, provided: 1. An employee is not entitled to compensation pursuant to the provisions of this chapter if: (a) He has a preexisting condition from a cause or origin that did not arise out of or in the course of his current or past employment;…”
Liberty Mut. v. Leon (Nev. 2013).
· cites it 10× “" The district court granted the petition and remanded the matter to the appeals officer to make specific findings as to whether respondent's injury was a substantial contributing cause of her current condition and to address the implications of NRS 616C.175, which sets forth an…”
City of Henderson Vs. Spangler, 2020 NV 25 (Nev. 2020).
· cites it 2× “030s definition of "accident"; (2) the appeals officer's decision under NRS 616C.175(1) is supported by substantial evidence, as Spangler did not establish an "injury by accident"; and (3) the appeals officer's decision under NRS 617.”
City of Henderson v. Spangler, 464 P.3d 1039 (Nev. 2020).
· cites it 2× “030s definition of "accident"; (2) the appeals officer's decision under NRS 616C.175(1) is supported by substantial evidence, as Spangler did not establish an "injury by accident"; and (3) the appeals officer's decision under NRS 617.”
— Nev. Rev. Stat. § 616C.175(1) — 5 cases
Liberty Mut. v. Leon (Nev. 2013).
“" The district court granted the petition and remanded the matter to the appeals officer to make specific findings as to whether respondent's injury was a substantial contributing cause of her current condition and to address the implications of NRS 616C.175, which sets forth an…”
City of Henderson Vs. Spangler, 2020 NV 25 (Nev. 2020).
“030s definition of "accident"; (2) the appeals officer's decision under NRS 616C.175(1) is supported by substantial evidence, as Spangler did not establish an "injury by accident"; and (3) the appeals officer's decision under NRS 617.”
City of Henderson v. Spangler, 464 P.3d 1039 (Nev. 2020).
“030s definition of "accident"; (2) the appeals officer's decision under NRS 616C.175(1) is supported by substantial evidence, as Spangler did not establish an "injury by accident"; and (3) the appeals officer's decision under NRS 617.”
— Nev. Rev. Stat. § 616C.175(2) — 1 case
Hayes v. State Indus. Ins. Sys., 971 P.2d 1257 (Nev. 1998).
“As pointed out in the district court's order, the appeals officer "rejected SIIS' argument and refused to apply NRS 616C.175." We conclude that the appeals officer was right and that NRS 616C.”
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