Nevada Code § 617.453

Cancer as occupational disease of firefighters and other persons employed in occupations related to fire. [Effective through June 30, 2026.]
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1. Notwithstanding any other provision of
this chapter, cancer, resulting in either temporary or permanent disability, or
death, is an occupational disease and compensable as such under the provisions
of this chapter if:
(a) The cancer develops or manifests itself out
of and in the course of the employment of a person who, for 5 years or more,
has been:
(1) Employed in this State in a full-time
salaried occupation as:
(I) A firefighter for the benefit or
safety of the public;
(II) An investigator of fires or
arson; or
(III) An instructor or officer for
the provision of training concerning fire or hazardous materials; or
(2) Acting as a volunteer firefighter in
this State and is entitled to the benefits of chapters
616A to 616D , inclusive, of NRS pursuant
to the provisions of NRS 616A.145 ; and
(b) It is demonstrated that:
(1) The person was exposed, while in the
course of the employment, to a known carcinogen, or a substance reasonably
anticipated to be a human carcinogen, as defined by the International Agency
for Research on Cancer or the National Toxicology Program; and
(2) The carcinogen or substance, as
applicable, is reasonably associated with the disabling cancer.
2. With respect to a person who, for 5
years or more, has been employed in this State as a firefighter, investigator,
instructor or officer described in subparagraph (1) of paragraph (a) of
subsection 1, or has acted as a volunteer firefighter in this State as
described in subparagraph (2) of paragraph (a) of subsection 1, the following
substances shall be deemed, for the purposes of paragraph (b) of subsection 1,
to be known carcinogens that are reasonably associated with the following disabling
cancers:
(a) Diesel exhaust, formaldehyde and polycyclic
aromatic hydrocarbon shall be deemed to be known carcinogens that are
reasonably associated with bladder cancer.
(b) Acrylonitrile, formaldehyde and vinyl
chloride shall be deemed to be known carcinogens that are reasonably associated
with brain cancer.
(c) Asbestos, benzene, diesel exhaust and soot,
digoxin, ethylene oxide, polychlorinated biphenyls and polycyclic aromatic
hydrocarbon shall be deemed to be known carcinogens that are reasonably
associated with breast cancer.
(d) Diesel exhaust and formaldehyde shall be
deemed to be known carcinogens that are reasonably associated with colon
cancer.
(e) Diesel exhaust and soot, formaldehyde and
polycyclic aromatic hydrocarbon shall be deemed to be known carcinogens that
are reasonably associated with esophageal cancer.
(f) Formaldehyde shall be deemed to be a known
carcinogen that is reasonably associated with Hodgkins lymphoma.
(g) Formaldehyde and polycyclic aromatic
hydrocarbon shall be deemed to be known carcinogens that are reasonably
associated with kidney cancer.
(h) Benzene, diesel exhaust and soot,
formaldehyde, 1,3-butadiene and polycyclic aromatic hydrocarbon shall be deemed
to be known carcinogens that are reasonably associated with leukemia.
(i) Chloroform, soot and vinyl chloride shall be
deemed to be known carcinogens that are reasonably associated with liver
cancer.
(j) Arsenic, asbestos, cadmium, chromium
compounds, oils, polycyclic aromatic hydrocarbon, radon, silica, soot and tars
shall be deemed to be known carcinogens that are reasonably associated with
lung cancer.
(k) Acrylonitrile, benzene, formaldehyde,
polycyclic aromatic hydrocarbon, soot and vinyl chloride shall be deemed to be
known carcinogens that are reasonably associated with lymphatic or
hematopoietic cancer.
(l) Diesel exhaust, soot, aldehydes and
polycyclic aromatic hydrocarbon shall be deemed to be known carcinogens that
are reasonably associated with basal cell carcinoma, squamous cell carcinoma
and malignant melanoma.
(m) Benzene, dioxins and glyphosate shall be
deemed to be known carcinogens that are reasonably associated with multiple
myeloma.
(n) Arsenic, asbestos, benzene, diesel exhaust
and soot, formaldehyde and hydrogen chloride shall be deemed to be known carcinogens
that are reasonably associated with nasopharyngeal cancer, including laryngeal
cancer and pharyngeal cancer.
(o) Benzene, chronic hepatitis B and C viruses,
formaldehyde and polychlorinated biphenyls shall be deemed to be known
carcinogens that are reasonably associated with non-Hodgkins lymphoma.
(p) Asbestos, benzene and formaldehyde shall be
deemed to be known carcinogens that are reasonably associated with ovarian
cancer.
(q) Polycyclic aromatic hydrocarbon shall be
deemed to be a known carcinogen that is reasonably associated with pancreatic
cancer.
(r) Acrylonitrile, benzene and formaldehyde shall
be deemed to be known carcinogens that are reasonably associated with prostate
cancer.
(s) Diesel exhaust and soot, formaldehyde and
polycyclic aromatic hydrocarbon shall be deemed to be known carcinogens that
are reasonably associated with rectal cancer.
(t) Chlorophenols, chlorophenoxy herbicides and
polychlorinated biphenyls shall be deemed to be known carcinogens that are
reasonably associated with soft tissue sarcoma.
(u) Diesel exhaust and soot, formaldehyde and
polycyclic aromatic hydrocarbon shall be deemed to be known carcinogens that
are reasonably associated with stomach cancer.
(v) Diesel exhaust, soot and polychlorinated
biphenyls shall be deemed to be known carcinogens that are reasonably
associated with testicular cancer.
(w) Diesel exhaust, benzene and X-ray radiation
shall be deemed to be known carcinogens that are reasonably associated with
thyroid cancer.
(x) Diesel exhaust and soot, formaldehyde and
polycyclic aromatic hydrocarbon shall be deemed to be known carcinogens that
are reasonably associated with urinary tract cancer and ureteral cancer.
(y) Benzene and polycyclic aromatic hydrocarbon
shall be deemed to be known carcinogens that are reasonably associated with
uterine cancer.
3. The provisions of subsection 2 do not
create an exclusive list and do not preclude any person from demonstrating, on
a case-by-case basis for the purposes of paragraph (b) of subsection 1, that a
substance is a known carcinogen or is reasonably anticipated to be a human
carcinogen, including an agent classified by the International Agency for
Research on Cancer in Group 1 or Group 2A, that is reasonably associated with a
disabling cancer.
4. Except as otherwise provided in
subsection 10, compensation awarded to the employee or his or her dependents
for disabling cancer pursuant to this section must include:
(a) Full reimbursement for related expenses
incurred for medical treatments, surgery and hospitalization in accordance with
the schedule of fees and charges established pursuant to NRS 616C.260 or, if the insurer has
contracted with an organization for managed care or with providers of health
care pursuant to NRS 616B.527 , the
amount that is allowed for the treatment or other services under that contract;
and
(b) The compensation provided in chapters 616A to 616D ,
inclusive, of NRS for the disability or death.
5. For a person who has been employed in
this State as a firefighter, investigator, instructor or officer described in
subparagraph (1) of paragraph (a) of subsection 1, or has acted as a volunteer
firefighter in this State as described in subparagraph (2) of paragraph (a) of
subsection 1, disabling cancer is rebuttably presumed to have arisen out of and
in the course of the employment of the person if the disease is diagnosed
during the course of the persons employment described in paragraph (a) of
subsection 1.
6. For a person who has been employed in
this State as a firefighter, investigator, instructor or officer described in
subparagraph (1) of paragraph (a) of subsection 1 and who retires before July
1, 2019, or has acted as a volunteer firefighter in this State as described in
subparagraph (2) of paragraph (a) of subsection 1, regardless of the date on
which the volunteer firefighter retires, disabling cancer is rebuttably
presumed to have arisen out of and in the course of the persons employment
pursuant to this subsection. This rebuttable presumption applies to disabling
cancer diagnosed after the termination of the persons employment if the
diagnosis occurs within a period, not to exceed 60 months, which begins with
the last date the employee actually worked in the qualifying capacity and
extends for a period calculated by multiplying 3 months by the number of full
years of his or her employment.
7. For a person who has been employed in
this State as a firefighter, investigator, instructor or officer described in
subparagraph (1) of paragraph (a) of subsection 1 and who retires on or after
July 1, 2019, disabling cancer is rebuttably presumed to have arisen out of and
in the course of the persons employment pursuant to this subsection. This
rebuttable presumption applies to disabling cancer diagnosed:
(a) If the person ceases employment before
completing 20 years of service as a firefighter, investigator, instructor or
officer, during the period after separation from employment which is equal to
the number of years worked; or
(b) If the person ceases employment after
completing 20 years or more of service as a firefighter, investigator,
instructor or officer, at any time during the persons life.
8. Service credit which is purchased in a
retirement system must not be used to calculate the number of years of service
or employment of a person for the purposes of this section.
9. A rebuttable presumption created by
subsection 5, 6 or 7 must control the awarding of benefits pursuant to this
section unless evidence to rebut the presumption is presented. The provisions
of subsections 5, 6 and 7 do not create a conclusive presumption.
10. A person who files a claim for a
disabling cancer pursuant to subsection 7 after he or she retires from
employment as a firefighter, investigator of fires or arson, or instructor or officer
for the provision of training concerning fire or hazardous materials is not
entitled to receive any compensation for that disease other than medical
benefits.
NRS 617.453 Cancer as occupational
disease of firefighters and other persons employed in occupations related to
fire; required cancer screenings for certain firefighters and volunteer
firefighters. [Effective July 1, 2026.]
1. Notwithstanding any other provision of
this chapter, cancer, resulting in either temporary or permanent disability, or
death, is an occupational disease and compensable as such under the provisions
of this chapter if:
(a) The cancer develops or manifests itself out
of and in the course of the employment of a person who, for 5 years or more,
has been:
(1) Employed in this State in a full-time
salaried occupation as:
(I) A firefighter for the benefit or
safety of the public;
(II) An investigator of fires or
arson; or
(III) An instructor or officer for
the provision of training concerning fire or hazardous materials; or
(2) Acting as a volunteer firefighter in
this State and is entitled to the benefits of chapters
616A to 616D , inclusive, of NRS pursuant
to the provisions of NRS 616A.145 ; and
(b) It is demonstrated that:
(1) The person was exposed, while in the
course of the employment, to a known carcinogen, or a substance reasonably
anticipated to be a human carcinogen, as defined by the International Agency
for Research on Cancer or the National Toxicology Program; and
(2) The carcinogen or substance, as
applicable, is reasonably associated with the disabling cancer.
2. With respect to a person who, for 5
years or more, has been employed in this State as a firefighter, investigator,
instructor or officer described in subparagraph (1) of paragraph (a) of
subsection 1, or has acted as a volunteer firefighter in this State as described
in subparagraph (2) of paragraph (a) of subsection 1, the following substances
shall be deemed, for the purposes of paragraph (b) of subsection 1, to be known
carcinogens that are reasonably associated with the following disabling
cancers:
(a) Diesel exhaust, formaldehyde and polycyclic
aromatic hydrocarbon shall be deemed to be known carcinogens that are
reasonably associated with bladder cancer.
(b) Acrylonitrile, formaldehyde and vinyl
chloride shall be deemed to be known carcinogens that are reasonably associated
with brain cancer.
(c) Asbestos, benzene, diesel exhaust and soot,
digoxin, ethylene oxide, polychlorinated biphenyls and polycyclic aromatic
hydrocarbon shall be deemed to be known carcinogens that are reasonably
associated with breast cancer.
(d) Diesel exhaust and formaldehyde shall be
deemed to be known carcinogens that are reasonably associated with colon
cancer.
(e) Diesel exhaust and soot, formaldehyde and
polycyclic aromatic hydrocarbon shall be deemed to be known carcinogens that
are reasonably associated with esophageal cancer.
(f) Formaldehyde shall be deemed to be a known
carcinogen that is reasonably associated with Hodgkins lymphoma.
(g) Formaldehyde and polycyclic aromatic
hydrocarbon shall be deemed to be known carcinogens that are reasonably
associated with kidney cancer.
(h) Benzene, diesel exhaust and soot,
formaldehyde, 1,3-butadiene and polycyclic aromatic hydrocarbon shall be deemed
to be known carcinogens that are reasonably associated with leukemia.
(i) Chloroform, soot and vinyl chloride shall be
deemed to be known carcinogens that are reasonably associated with liver
cancer.
(j) Arsenic, asbestos, cadmium, chromium
compounds, oils, polycyclic aromatic hydrocarbon, radon, silica, soot and tars
shall be deemed to be known carcinogens that are reasonably associated with
lung cancer.
(k) Acrylonitrile, benzene, formaldehyde,
polycyclic aromatic hydrocarbon, soot and vinyl chloride shall be deemed to be
known carcinogens that are reasonably associated with lymphatic or
hematopoietic cancer.
(l) Diesel exhaust, soot, aldehydes and
polycyclic aromatic hydrocarbon shall be deemed to be known carcinogens that
are reasonably associated with basal cell carcinoma, squamous cell carcinoma
and malignant melanoma.
(m) Benzene, dioxins and glyphosate shall be
deemed to be known carcinogens that are reasonably associated with multiple
myeloma.
(n) Arsenic, asbestos, benzene, diesel exhaust
and soot, formaldehyde and hydrogen chloride shall be deemed to be known
carcinogens that are reasonably associated with nasopharyngeal cancer,
including laryngeal cancer and pharyngeal cancer.
(o) Benzene, chronic hepatitis B and C viruses,
formaldehyde and polychlorinated biphenyls shall be deemed to be known
carcinogens that are reasonably associated with non-Hodgkins lymphoma.
(p) Asbestos, benzene and formaldehyde shall be
deemed to be known carcinogens that are reasonably associated with ovarian
cancer.
(q) Polycyclic aromatic hydrocarbon shall be
deemed to be a known carcinogen that is reasonably associated with pancreatic
cancer.
(r) Acrylonitrile, benzene and formaldehyde shall
be deemed to be known carcinogens that are reasonably associated with prostate
cancer.
(s) Diesel exhaust and soot, formaldehyde and
polycyclic aromatic hydrocarbon shall be deemed to be known carcinogens that
are reasonably associated with rectal cancer.
(t) Chlorophenols, chlorophenoxy herbicides and
polychlorinated biphenyls shall be deemed to be known carcinogens that are
reasonably associated with soft tissue sarcoma.
(u) Diesel exhaust and soot, formaldehyde and
polycyclic aromatic hydrocarbon shall be deemed to be known carcinogens that
are reasonably associated with stomach cancer.
(v) Diesel exhaust, soot and polychlorinated
biphenyls shall be deemed to be known carcinogens that are reasonably
associated with testicular cancer.
(w) Diesel exhaust, benzene and X-ray radiation
shall be deemed to be known carcinogens that are reasonably associated with
thyroid cancer.
(x) Diesel exhaust and soot, formaldehyde and
polycyclic aromatic hydrocarbon shall be deemed to be known carcinogens that
are reasonably associated with urinary tract cancer and ureteral cancer.
(y) Benzene and polycyclic aromatic hydrocarbon
shall be deemed to be known carcinogens that are reasonably associated with
uterine cancer.
3. The provisions of subsection 2 do not
create an exclusive list and do not preclude any person from demonstrating, on
a case-by-case basis for the purposes of paragraph (b) of subsection 1, that a
substance is a known carcinogen or is reasonably anticipated to be a human
carcinogen, including an agent classified by the International Agency for
Research on Cancer in Group 1 or Group 2A, that is reasonably associated with a
disabling cancer.
4. Except as otherwise provided in
subsection 10, compensation awarded to the employee or his or her dependents
for disabling cancer pursuant to this section must include:
(a) Full reimbursement for related expenses
incurred for medical treatments, surgery and hospitalization in accordance with
the schedule of fees and charges established pursuant to NRS 616C.260 or, if the insurer has
contracted with an organization for managed care or with providers of health
care pursuant to NRS 616B.527 , the
amount that is allowed for the treatment or other services under that contract;
and
(b) The compensation provided in chapters 616A to 616D ,
inclusive, of NRS for the disability or death.
5. For a person who has been employed in
this State as a firefighter, investigator, instructor or officer described in
subparagraph (1) of paragraph (a) of subsection 1, or has acted as a volunteer
firefighter in this State as described in subparagraph (2) of paragraph (a) of
subsection 1, disabling cancer is rebuttably presumed to have arisen out of and
in the course of the employment of the person if the disease is diagnosed
during the course of the persons employment described in paragraph (a) of
subsection 1.
6. For a person who has been employed in
this State as a firefighter, investigator, instructor or officer described in
subparagraph (1) of paragraph (a) of subsection 1 and who retires before July
1, 2019, or has acted as a volunteer firefighter in this State as described in
subparagraph (2) of paragraph (a) of subsection 1, regardless of the date on
which the volunteer firefighter retires, disabling cancer is rebuttably
presumed to have arisen out of and in the course of the persons employment
pursuant to this subsection. This rebuttable presumption applies to disabling cancer
diagnosed after the termination of the persons employment if the diagnosis
occurs within a period, not to exceed 60 months, which begins with the last
date the employee actually worked in the qualifying capacity and extends for a
period calculated by multiplying 3 months by the number of full years of his or
her employment.
7. For a person who has been employed in
this State as a firefighter, investigator, instructor or officer described in
subparagraph (1) of paragraph (a) of subsection 1 and who retires on or after
July 1, 2019, disabling cancer is rebuttably presumed to have arisen out of and
in the course of the persons employment pursuant to this subsection. This
rebuttable presumption applies to disabling cancer diagnosed:
(a) If the person ceases employment before
completing 20 years of service as a firefighter, investigator, instructor or
officer, during the period after separation from employment which is equal to
the number of years worked; or
(b) If the person ceases employment after completing
20 years or more of service as a firefighter, investigator, instructor or
officer, at any time during the persons life.
8. Service credit which is purchased in a
retirement system must not be used to calculate the number of years of service
or employment of a person for the purposes of this section.
9. A rebuttable presumption created by
subsection 5, 6 or 7 must control the awarding of benefits pursuant to this
section unless evidence to rebut the presumption is presented. The provisions
of subsections 5, 6 and 7 do not create a conclusive presumption.
10. A person who files a claim for a
disabling cancer pursuant to subsection 7 after he or she retires from
employment as a firefighter, investigator of fires or arson, or instructor or
officer for the provision of training concerning fire or hazardous materials is
not entitled to receive any compensation for that disease other than medical
benefits.
11. Each person who is employed as a
firefighter, other than an employee in the Executive Department of the State
Government, or acting as a volunteer firefighter and who is to be covered for
cancer pursuant to the provisions of this section shall submit to a cancer
screening:
(a) If provided by the employer, upon employment;
(b) Upon commencement of coverage; and
(c) Thereafter, on an annual basis during his or
her employment.
12. All cancer screenings required
pursuant to subsection 11 must be paid for by the employer.

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