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.

Source: Section 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., https://www.­leg.­state.­nv.­us/NRS/NRS-617.­html#NRS617Sec366.

Last Updated

Jun. 24, 2021

§ 617.366’s source at nv​.us