NRS
617.366 Employment-related aggravation of preexisting condition which is
not employment related; aggravation of employment-related occupational disease
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 and in the course of the employee’s current or
past employment; and
(b) Subsequently contracts an occupational
disease which aggravates, precipitates or accelerates the preexisting
condition,
Ê shall be
deemed to be an occupational disease that is compensable pursuant to the
provisions of chapters 616A to 617, inclusive, of NRS, unless the insurer can
prove by a preponderance of the evidence that the occupational disease is not a
substantial contributing cause of the resulting condition.
2. The resulting condition of an employee
who:
(a) Contracts an occupational disease; and
(b) Subsequently aggravates, precipitates or
accelerates the occupational disease 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 occupational disease that is compensable pursuant to the
provisions of chapters 616A to 617, inclusive, of NRS, unless the insurer can
prove by a preponderance of the evidence that the occupational disease is not a
substantial contributing cause of the resulting condition.
(Added to NRS by 1993,
762; A 1995,
2162; 1999,
1804)
Notes of Decisions
Garcia v. Scolari's Food & Drug, 200 P.3d 514 (Nev. 2009).
· cites it 5× “Huene had indicated in his report that Garcia’s employment had aggravated her nonindustrial condition, under NRS 617.366, such an aggravation is not compensable unless an occupational disease is also independently established.”
Manwill v. Clark Cnty., 162 P.3d 876 (Nev. 2007).
“13 Compare NRS 617.366(1) (providing that the resulting condition of a claimant with a preexisting non-occupational disease who contracts an occupational disease that “aggravates, precipitates or accelerates” the preexisting condition is compensable, unless it is shown that the…”
City of Henderson Vs. Spangler, 2020 NV 25 (Nev. 2020).
· cites it 26× “The clearest example of this lies in NRS 617.366, a statute that neither party cites in their briefing but which appears to actually govern Spangler's claim.”
City of Henderson v. Spangler, 464 P.3d 1039 (Nev. 2020).
· cites it 26× “The clearest example of this lies in NRS 617.366, a statute that neither party cites in their briefing but which appears to actually govern Spangler's claim.”
— Nev. Rev. Stat. § 617.366(1) — 4 cases
Garcia v. Scolari's Food & Drug, 200 P.3d 514 (Nev. 2009).
“Huene had indicated in his report that Garcia’s employment had aggravated her nonindustrial condition, under NRS 617.366, such an aggravation is not compensable unless an occupational disease is also independently established.”
Manwill v. Clark Cnty., 162 P.3d 876 (Nev. 2007).
“13 Compare NRS 617.366(1) (providing that the resulting condition of a claimant with a preexisting non-occupational disease who contracts an occupational disease that “aggravates, precipitates or accelerates” the preexisting condition is compensable, unless it is shown that the…”
City of Henderson Vs. Spangler, 2020 NV 25 (Nev. 2020).
“The clearest example of this lies in NRS 617.366, a statute that neither party cites in their briefing but which appears to actually govern Spangler's claim.”
City of Henderson v. Spangler, 464 P.3d 1039 (Nev. 2020).
“The clearest example of this lies in NRS 617.366, a statute that neither party cites in their briefing but which appears to actually govern Spangler's claim.”
— Nev. Rev. Stat. § 617.366(2) — 2 cases
City of Henderson Vs. Spangler, 2020 NV 25 (Nev. 2020).
“The clearest example of this lies in NRS 617.366, a statute that neither party cites in their briefing but which appears to actually govern Spangler's claim.”
City of Henderson v. Spangler, 464 P.3d 1039 (Nev. 2020).
“The clearest example of this lies in NRS 617.366, a statute that neither party cites in their briefing but which appears to actually govern Spangler's claim.”
— Nev. Rev. Stat. § 617.366(l) — 1 case
Garcia v. Scolari's Food & Drug, 200 P.3d 514 (Nev. 2009).
“Huene had indicated in his report that Garcia’s employment had aggravated her nonindustrial condition, under NRS 617.366, such an aggravation is not compensable unless an occupational disease is also independently established.”
— Nev. Rev. Stat. § 617.366(l)(b) — 1 case
Garcia v. Scolari's Food & Drug, 200 P.3d 514 (Nev. 2009).
“Huene had indicated in his report that Garcia’s employment had aggravated her nonindustrial condition, under NRS 617.366, such an aggravation is not compensable unless an occupational disease is also independently established.”
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