Bill > AB267

Introduced Session

Legislative Counsel's Digest: Existing law provides for the payment of compensation under chapter 617 of NRS for temporary or permanent disability or death for the occupational diseases of lung disease and heart disease for certain firefighters, arson investigators and police officers. Existing law provides that these occupational diseases are conclusively presumed to have arisen out of and in the course of the employment under certain circumstances. (NRS 617.455, 617.457) Sections 4 and 5 of this bill provide that if an employer, insurer or third-party administrator denies a claim for compensation for these occupational diseases and the claimant ultimately prevails, the Administrator of the Division of Industrial Relations of the Department of Business and Industry is authorized to order the employer, insurer or third-party administrator to pay the claimant a benefit penalty of not more than $200 for each day that the claim is under appeal. Sections 4 and 5 require the employer, insurer or third-party administrator to pay all medical costs that are associated with the occupational disease and incurred by the claimant on or after the date of the hearing before the hearing officer but provide for the recovery of such amounts paid if the employer, insurer or third-party administrator ultimately prevails. Sections 4 and 5 additionally require the Administrator to review a claim for the occupational disease that has been in the appeals process for longer than 6 months to determine the circumstances causing the delay in processing the claim. Existing law requires certain tests when administering certain physical examinations to firefighters, arson investigators and police officers regarding the occupational diseases of lung and heart disease for the purposes of industrial insurance coverage. (NRS 617.454) Section 3 of this bill restricts: (1) to whom the results of such physical examinations may be disseminated; and (2) the use of such results. Section 3 additionally authorizes the employer s officer who is responsible for risk management or human resources or his or her designee to release to certain persons a report only containing certain information based on the results of a physical examination. Existing law prohibits the payment of compensation for disability because of an occupational injury or disease which does not incapacitate the employee for at least 5 cumulative days within a 20-day period from earning full wages. (NRS 616C.400, 617.420) Section 1 of this bill exempts a claim for compensation under chapters 616A to 616D of NRS for disability for the occupational diseases of cancer, lung disease and heart disease from that prohibition. Section 2 of this bill: (1) revises the prohibition as it relates to occupational diseases to apply exclusively to compensation for temporary total disability; and (2) clarifies that the prohibition does not apply to medical benefits for the occupational diseases of cancer, lung disease or heart disease.

AI Summary

Nelson Araujo (D)*,  Yvanna Cancela (D)*,  Nicole Cannizzaro (D)*,  Maggie Carlton (D)*,  Jason Frierson (D)*,  Mark Manendo (D)*,  David Parks (D)*,  Tick Segerblom (D)*,  Skip Daly (D),  Osvaldo Fumo (D),  Sandra Jauregui (D),  Daniele Monroe-Moreno (D),  Ellen Spiegel (D), 

Approved by the Governor. Chapter 551. (on 06/12/2017)

Official Document