Nevada Code § 617.440

Requirements for occupational disease to be deemed to arise out of and in course of employment; applicability
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1. An occupational disease defined in this
chapter shall be deemed to arise out of and in the course of the employment if:
(a) There is a direct causal connection between
the conditions under which the work is performed and the occupational disease;
(b) It can be seen to have followed as a natural
incident of the work as a result of the exposure occasioned by the nature of
the employment;
(c) It can be fairly traced to the employment as
the proximate cause; and
(d) It does not come from a hazard to which
workers would have been equally exposed outside of the employment.
2. The disease must be incidental to the
character of the business and not independent of the relation of the employer
and employee.
3. The disease need not have been foreseen
or expected, but after its contraction must appear to have had its origin in a
risk connected with the employment, and to have flowed from that source as a
natural consequence.
4. In cases of disability resulting from
radium poisoning or exposure to radioactive properties or substances, or to
roentgen rays (X-rays) or ionizing radiation, the poisoning or illness
resulting in disability must have been contracted in the State of Nevada.
5. The requirements set forth in this
section do not apply to claims filed pursuant to NRS 617.453 , 617.455 , 617.457 , 617.485 or 617.487 .

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