Nev. Rev. Stat. » NRS: CHAPTER 617 - OCCUPATIONAL DISEASES
Nevada Revised Statutes

Nev. Rev. Stat. § 617.457 (2026)

Heart diseases as occupational diseases of firefighters, arson investigators and police officers. [Effective through June 30, 2026.]

✓ current as of July 2026
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NRS 617.457  Heart diseases as occupational diseases of firefighters, arson investigators and police officers. [Effective through June 30, 2026.]

      1.  Notwithstanding any other provision of this chapter, diseases of the heart of a person who, for 2 years or more, has been employed in a full-time continuous, uninterrupted and salaried occupation as a firefighter, arson investigator or police officer in this State before the date of disablement are conclusively presumed to have arisen out of and in the course of the employment if the disease is diagnosed and causes the disablement:

      (a) During the course of that employment;

      (b) If the person ceases employment before completing 20 years of service as a police officer, firefighter or arson investigator, during the period after separation from employment which is equal to the number of years worked; or

      (c) If the person ceases employment after completing 20 years or more of service as a police officer, firefighter or arson investigator, at any time during the person’s life.

Ê Service credit which is purchased in a retirement system must not be calculated towards the years of service of a person for the purposes of this section.

      2.  Frequent or regular use of a tobacco product within 1 year, or a material departure from a physician’s prescribed plan of care by a person within 3 months, immediately preceding the filing of a claim for compensation excludes a person who has separated from service from the benefit of the conclusive presumption provided in subsection 1.

      3.  Notwithstanding any other provision of this chapter, diseases of the heart, 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 extreme overexertion in times of stress or danger and a causal relationship can be shown by competent evidence that the disability or death arose out of and was caused by the performance of duties as a volunteer firefighter by a person entitled to the benefits of chapters 616A to 616D, inclusive, of NRS pursuant to the provisions of NRS 616A.145 and who, for 5 years or more, has served continuously as a volunteer firefighter in this State by continuously maintaining an active status on the roster of a volunteer fire department.

      4.  Except as otherwise provided in subsection 5, each employee who is to be covered for diseases of the heart pursuant to the provisions of this section shall submit to a physical examination, including an examination of the heart, upon employment, upon commencement of coverage and thereafter on an annual basis during his or her employment.

      5.  During the period in which a volunteer firefighter is continuously on active status on the roster of a volunteer fire department, a physical examination for the volunteer firefighter is required:

      (a) Upon employment;

      (b) Upon commencement of coverage; and

      (c) Once every 3 years after the physical examination that is required pursuant to paragraph (b),

Ê until the firefighter reaches the age of 50 years. Each volunteer firefighter who is 50 years of age or older shall submit to a physical examination once every 2 years during his or her employment.

      6.  The employer of the volunteer firefighter is responsible for scheduling the physical examination. The employer shall mail to the volunteer firefighter a written notice of the date, time and place of the physical examination at least 10 days before the date of the physical examination and shall obtain, at the time of mailing, a certificate of mailing issued by the United States Postal Service.

      7.  Failure to submit to a physical examination that is scheduled by his or her employer pursuant to subsection 6 excludes the volunteer firefighter from the benefits of this section.

      8.  The chief of a volunteer fire department may require an applicant to pay for any physical examination required pursuant to this section if the applicant:

      (a) Applies to the department for the first time as a volunteer firefighter; and

      (b) Is 50 years of age or older on the date of his or her application.

      9.  The volunteer fire department shall reimburse an applicant for the cost of a physical examination required pursuant to this section if the applicant:

      (a) Paid for the physical examination in accordance with subsection 8;

      (b) Is declared physically fit to perform the duties required of a firefighter; and

      (c) Becomes a volunteer with the volunteer fire department.

      10.  Except as otherwise provided in subsection 8, all physical examinations required pursuant to subsections 4 and 5 must be paid for by the employer.

      11.  Failure to correct predisposing conditions which lead to heart disease when so ordered in writing by the examining physician subsequent to a physical examination required pursuant to subsection 4 or 5 excludes the employee from the benefits of this section if the correction is within the ability of the employee.

      12.  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, arson investigator or police officer,

Ê may elect to receive the benefits provided under NRS 616C.440 for a permanent total disability.

      13.  Claims filed under this section may be reopened at any time during the life of the claimant for further examination and treatment of the claimant upon certification by a physician of a change of circumstances related to the occupational disease which would warrant an increase or rearrangement of compensation.

      14.  A person who files a claim for a disease of the heart specified in this section after he or she retires from employment as a firefighter, arson investigator or police officer is not entitled to receive any compensation for that disease other than medical benefits.

      15.  The Administrator shall review a claim filed by a claimant pursuant to this section that has been in the appeals process for longer than 6 months to determine the circumstances causing the delay in processing the claim. As used in this subsection, “appeals process” means the period of time that:

      (a) Begins on the date on which the claimant first files or submits a request for a hearing or an appeal of a determination regarding the claim; and

      (b) Continues until the date on which the claim is adjudicated to a final decision.

      16.  Except as otherwise provided in this subsection, if an employer, insurer or third-party administrator denies a claim that was filed pursuant to this section and the claimant ultimately prevails, the Administrator may order the employer, insurer or third-party administrator, as applicable, to pay to the claimant a benefit penalty of not more than $200 for each day from the date on which an appeal is filed until the date on which the claim is adjudicated to a final decision. Such benefit penalty is payable in addition to any benefits to which the claimant is entitled under the claim and any fines and penalties imposed by the Administrator pursuant to NRS 616D.120. If a hearing before a hearing officer is requested pursuant to NRS 616C.315 and held pursuant to NRS 616C.330, the employer, insurer or third-party administrator, as applicable, shall pay to the claimant all medical costs which are associated with the occupational disease and are incurred from the date on which the hearing is requested until the date on which the claim is adjudicated to a final decision. If the employer, insurer or third-party administrator, as applicable, ultimately prevails, the employer, insurer or third-party administrator, as applicable, is entitled to recover the amount paid pursuant to this subsection in accordance with the provisions of NRS 616C.138.

      (Added to NRS by 1969, 592; A 1973, 768; 1981, 623, 851; 1983, 459; 1987, 1424; 1989, 1021; 2005, 346; 2009, 547, 749; 2011, 584; 2015, 2429, 2431; 2017, 3894)

      NRS 617.457  Heart diseases as occupational diseases of firefighters, arson investigators and police officers. [Effective July 1, 2026.]

      1.  Notwithstanding any other provision of this chapter, diseases of the heart of a person who, for 2 years or more, has been employed in a full-time continuous, uninterrupted and salaried occupation as a firefighter, arson investigator or police officer in this State before the date of disablement are conclusively presumed to have arisen out of and in the course of the employment if the disease is diagnosed and causes the disablement:

      (a) During the course of that employment;

      (b) If the person ceases employment before completing 20 years of service as a police officer, firefighter or arson investigator, during the period after separation from employment which is equal to the number of years worked; or

      (c) If the person ceases employment after completing 20 years or more of service as a police officer, firefighter or arson investigator, at any time during the person’s life.

Ê Service credit which is purchased in a retirement system must not be calculated towards the years of service of a person for the purposes of this section.

      2.  Frequent or regular use of a tobacco product within 1 year, or a material departure from a physician’s prescribed plan of care by a person within 3 months, immediately preceding the filing of a claim for compensation excludes a person who has separated from service from the benefit of the conclusive presumption provided in subsection 1.

      3.  Notwithstanding any other provision of this chapter, diseases of the heart, 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 extreme overexertion in times of stress or danger and a causal relationship can be shown by competent evidence that the disability or death arose out of and was caused by the performance of duties as a volunteer firefighter by a person entitled to the benefits of chapters 616A to 616D, inclusive, of NRS pursuant to the provisions of NRS 616A.145 and who, for 5 years or more, has served continuously as a volunteer firefighter in this State by continuously maintaining an active status on the roster of a volunteer fire department.

      4.  Except as otherwise provided in subsection 5, each employee who is to be covered for diseases of the heart pursuant to the provisions of this section shall submit to a physical examination upon employment, upon commencement of coverage and thereafter on an annual basis during his or her employment. If the employee is an employee in the Executive Department of the State Government, the physical examination must include an examination of the heart.

      5.  During the period in which a volunteer firefighter is continuously on active status on the roster of a volunteer fire department, a physical examination for the volunteer firefighter is required:

      (a) Upon employment;

      (b) Upon commencement of coverage; and

      (c) Once every 3 years after the physical examination that is required pursuant to paragraph (b),

Ê until the firefighter reaches the age of 50 years. Each volunteer firefighter who is 50 years of age or older shall submit to a physical examination once every 2 years during his or her employment.

      6.  The employer of the volunteer firefighter is responsible for scheduling the physical examination. The employer shall mail to the volunteer firefighter a written notice of the date, time and place of the physical examination at least 10 days before the date of the physical examination and shall obtain, at the time of mailing, a certificate of mailing issued by the United States Postal Service.

      7.  Failure to submit to a physical examination that is scheduled by his or her employer pursuant to subsection 6 excludes the volunteer firefighter from the benefits of this section.

      8.  The chief of a volunteer fire department may require an applicant to pay for any physical examination required pursuant to this section if the applicant:

      (a) Applies to the department for the first time as a volunteer firefighter; and

      (b) Is 50 years of age or older on the date of his or her application.

      9.  The volunteer fire department shall reimburse an applicant for the cost of a physical examination required pursuant to this section if the applicant:

      (a) Paid for the physical examination in accordance with subsection 8;

      (b) Is declared physically fit to perform the duties required of a firefighter; and

      (c) Becomes a volunteer with the volunteer fire department.

      10.  Except as otherwise provided in subsection 8, all physical examinations required pursuant to subsections 4 and 5 must be paid for by the employer.

      11.  Failure to correct predisposing conditions which lead to heart disease when so ordered in writing by the examining physician or advanced practice registered nurse, as applicable, subsequent to a physical examination required pursuant to subsection 4 or 5 excludes the employee from the benefits of this section if the correction is within the ability of the employee.

      12.  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, arson investigator or police officer,

Ê may elect to receive the benefits provided under NRS 616C.440 for a permanent total disability.

      13.  Claims filed under this section may be reopened at any time during the life of the claimant for further examination and treatment of the claimant upon certification by a physician of a change of circumstances related to the occupational disease which would warrant an increase or rearrangement of compensation.

      14.  A person who files a claim for a disease of the heart specified in this section after he or she retires from employment as a firefighter, arson investigator or police officer is not entitled to receive any compensation for that disease other than medical benefits.

      15.  The Administrator shall review a claim filed by a claimant pursuant to this section that has been in the appeals process for longer than 6 months to determine the circumstances causing the delay in processing the claim. As used in this subsection, “appeals process” means the period of time that:

      (a) Begins on the date on which the claimant first files or submits a request for a hearing or an appeal of a determination regarding the claim; and

      (b) Continues until the date on which the claim is adjudicated to a final decision.

      16.  Except as otherwise provided in this subsection, if an employer, insurer or third-party administrator denies a claim that was filed pursuant to this section and the claimant ultimately prevails, the Administrator may order the employer, insurer or third-party administrator, as applicable, to pay to the claimant a benefit penalty of not more than $200 for each day from the date on which an appeal is filed until the date on which the claim is adjudicated to a final decision. Such benefit penalty is payable in addition to any benefits to which the claimant is entitled under the claim and any fines and penalties imposed by the Administrator pursuant to NRS 616D.120. If a hearing before a hearing officer is requested pursuant to NRS 616C.315 and held pursuant to NRS 616C.330, the employer, insurer or third-party administrator, as applicable, shall pay to the claimant all medical costs which are associated with the occupational disease and are incurred from the date on which the hearing is requested until the date on which the claim is adjudicated to a final decision. If the employer, insurer or third-party administrator, as applicable, ultimately prevails, the employer, insurer or third-party administrator, as applicable, is entitled to recover the amount paid pursuant to this subsection in accordance with the provisions of NRS 616C.138.

      (Added to NRS by 1969, 592; A 1973, 768; 1981, 623, 851; 1983, 459; 1987, 1424; 1989, 1021; 2005, 346; 2009, 547, 749; 2011, 584; 2015, 2429, 2431; 2017, 3894; 2025, 2548, effective July 1, 2026)

     

Notes of Decisions
Cited in 14 cases (3 in the last 5 years), 1986–2025 · leading case: Gallagher v. City of Las Vegas, 959 P.2d 519 (Nev. 1998).
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Gallagher v. City of Las Vegas, 959 P.2d 519 (Nev. 1998). · cites it 21× “NRS 617.457 provides, in pertinent part: 1.”
Employers Ins. Co. of Nevada v. Daniels, 145 P.3d 1024 (Nev. 2006). · cites it 26× “Daniels appealed the determination, and in February 2000, the hearing officer reversed the determination, noting the conclusive presumption of NRS 617.457(1). Bechtel appealed the decision to the State Department of Administration.”
Manwill v. Clark Cnty., 162 P.3d 876 (Nev. 2007). · cites it 19× “In other words, the appeals officer determined that “[w]hile the presumption of NRS 617.457 relieves a firefighter from having to demonstrate the extent to which his occupation may have contributed to his heart disease, [Manwill’s] occupation as a firefighter is not a…”
Howard v. City of Las Vegas, 120 P.3d 410 (Nev. 2005). · cites it 4× “Accordingly, the law entitles him to NRS 617.457’s conclusive presumption that his heart condition is an occupational disease arising out of and in the course of his employment.”
City of Las Vegas v. Evans, 301 P.3d 844 (Nev. 2013). · cites it 4× “440, and NRS 617.457’s conclusive presumption that a firefighter’s heart disease is a com-pensable occupational disease.”
Holguin v. City of Henderson (civil), 141 Nev. Adv. Op. No. 53 (Nev. 2025). · cites it 16× “3d 876, a case that interpreted NRS 617.457, which governs occupational heart-disease claims.”
Palmer v. Del Webb's High Sierra, 838 P.2d 435 (Nev. 1992). · cites it 2× “" Moreover, the appeals officer concluded that the disease was incidental to the character of the business because there was no element of volitional control, as Palmer could not control his exposure to the secondhand tobacco smoke. [4] Cancer as an occupational disease of…”
Ccmsi v. Odell, 141 Nev. Adv. Op. No. 5 (Nev. 2025). · cites it 11× “Applying the whole-text canon to NRS 617.457, subsection (11), which creates the affirmative defense, must be read in harmony w th subsection (1), which creates the conclusive presumption that a firefighter's heart disease arises out of their employment.”
Petzak v. Nevada Ex Rel. Dep't of Corr., 579 F. Supp. 2d 1330 (D. Nev. 2008). “Neither the legislative history behind NRS 617.457 nor the Nevada Administrative Code offers a rationale for requiring stress EKGs of correctional officers over the age of 40.”
State Indus. Ins. Sys. v. Conner, 721 P.2d 384 (Nev. 1986). “” In contrast, NRS 617.457(1) provides that, as to police officers, “diseases of the heart, 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 extreme overexertion in…”
City of Las Vegas v. Munson (civil), 141 Nev. Adv. Op. No. 28 (Nev. 2025). · cites it 15× “: In 2015, the Nevada Legislature amended NRS 617.457 to limit the workers' compensation benefits that retired firefighters, arson investigators, and police officers may obtain in connection with claims for diseases of the heart that are filed after their retirement.”
Demaranville Vs. Cannon Cochran Mgmt. Serv.'s, Inc., 2019 NV 35 (Nev. 2019). · cites it 14× “After consolidating the three appeals, the appeals officer considered several medical opinions and found that Daniel had heart disease that caused his death and that his heart disease was compensable as an occupational disease under NRS 617.457. The appeals officer concluded…”
Show all 14 citing cases →
— Nev. Rev. Stat. § 617.457(1) — 10 cases
Gallagher v. City of Las Vegas, 959 P.2d 519 (Nev. 1998). “NRS 617.457 provides, in pertinent part: 1.”
Manwill v. Clark Cnty., 162 P.3d 876 (Nev. 2007). “In other words, the appeals officer determined that “[w]hile the presumption of NRS 617.457 relieves a firefighter from having to demonstrate the extent to which his occupation may have contributed to his heart disease, [Manwill’s] occupation as a firefighter is not a…”
Employers Ins. Co. of Nevada v. Daniels, 145 P.3d 1024 (Nev. 2006). “Daniels appealed the determination, and in February 2000, the hearing officer reversed the determination, noting the conclusive presumption of NRS 617.457(1). Bechtel appealed the decision to the State Department of Administration.”
Howard v. City of Las Vegas, 120 P.3d 410 (Nev. 2005). “Accordingly, the law entitles him to NRS 617.457’s conclusive presumption that his heart condition is an occupational disease arising out of and in the course of his employment.”
Holguin v. City of Henderson (civil), 141 Nev. Adv. Op. No. 53 (Nev. 2025). “3d 876, a case that interpreted NRS 617.457, which governs occupational heart-disease claims.”
— Nev. Rev. Stat. § 617.457(10) — 1 case
Ccmsi v. Goodin (Nev. 2014).
— Nev. Rev. Stat. § 617.457(11) — 1 case
Ccmsi v. Odell, 141 Nev. Adv. Op. No. 5 (Nev. 2025). “Applying the whole-text canon to NRS 617.457, subsection (11), which creates the affirmative defense, must be read in harmony w th subsection (1), which creates the conclusive presumption that a firefighter's heart disease arises out of their employment.”
— Nev. Rev. Stat. § 617.457(13) — 1 case
City of Las Vegas v. Munson (civil), 141 Nev. Adv. Op. No. 28 (Nev. 2025). “: In 2015, the Nevada Legislature amended NRS 617.457 to limit the workers' compensation benefits that retired firefighters, arson investigators, and police officers may obtain in connection with claims for diseases of the heart that are filed after their retirement.”
— Nev. Rev. Stat. § 617.457(14) — 1 case
City of Las Vegas v. Munson (civil), 141 Nev. Adv. Op. No. 28 (Nev. 2025). “: In 2015, the Nevada Legislature amended NRS 617.457 to limit the workers' compensation benefits that retired firefighters, arson investigators, and police officers may obtain in connection with claims for diseases of the heart that are filed after their retirement.”
— Nev. Rev. Stat. § 617.457(2) — 1 case
Manwill v. Clark Cnty., 162 P.3d 876 (Nev. 2007). “In other words, the appeals officer determined that “[w]hile the presumption of NRS 617.457 relieves a firefighter from having to demonstrate the extent to which his occupation may have contributed to his heart disease, [Manwill’s] occupation as a firefighter is not a…”
— Nev. Rev. Stat. § 617.457(3) — 2 cases
Gallagher v. City of Las Vegas, 959 P.2d 519 (Nev. 1998). “NRS 617.457 provides, in pertinent part: 1.”
Employers Ins. Co. of Nevada v. Daniels, 145 P.3d 1024 (Nev. 2006). “Daniels appealed the determination, and in February 2000, the hearing officer reversed the determination, noting the conclusive presumption of NRS 617.457(1). Bechtel appealed the decision to the State Department of Administration.”
— Nev. Rev. Stat. § 617.457(6) — 2 cases
Employers Ins. Co. of Nevada v. Daniels, 145 P.3d 1024 (Nev. 2006). “Daniels appealed the determination, and in February 2000, the hearing officer reversed the determination, noting the conclusive presumption of NRS 617.457(1). Bechtel appealed the decision to the State Department of Administration.”
Manwill v. Clark Cnty., 162 P.3d 876 (Nev. 2007). “In other words, the appeals officer determined that “[w]hile the presumption of NRS 617.457 relieves a firefighter from having to demonstrate the extent to which his occupation may have contributed to his heart disease, [Manwill’s] occupation as a firefighter is not a…”
— Nev. Rev. Stat. § 617.457(l) — 1 case
Howard v. City of Las Vegas, 120 P.3d 410 (Nev. 2005). “Accordingly, the law entitles him to NRS 617.457’s conclusive presumption that his heart condition is an occupational disease arising out of and in the course of his employment.”
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