Assembly Bill No. 451–Committee on
Commerce and Labor

 

March 24, 2003

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Provides that certain forms of cancer contracted by firemen are occupational diseases under certain circumstances. (BDR 53‑1197)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                           Effect on the State: Yes.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to occupational diseases; providing that certain forms of cancer contracted by firemen are occupational diseases under certain circumstances; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. NRS 617.453 is hereby amended to read as follows:

1-2  617.453  1.  Except as otherwise provided in subsection 2:

1-3  (a) Notwithstanding any other provision of this chapter, cancer,

1-4  resulting in either temporary or permanent disability, or death, is an

1-5  occupational disease and compensable as such under the provisions

1-6  of this chapter if:

1-7  [(a)] (1) The cancer develops or manifests itself [out of and in

1-8  the course of the employment of] in a person who, for 5 years or

1-9  more, has been:

1-10          [(1)] (I) Employed in this state in a full-time salaried

1-11  occupation of fire fighting for the benefit or safety of the public; or

1-12          [(2)] (II) Acting as a volunteer fireman in this state and is

1-13  entitled to the benefits of chapters 616A to 616D, inclusive, of NRS

1-14  pursuant to the provisions of NRS 616A.145; and

1-15      [(b)] (2) It is demonstrated that:

2-1       [(1)] (I) He was exposed, while in the course of the

2-2  employment, to a known carcinogen as defined by the International

2-3  Agency for Research on Cancer or the National Toxicology

2-4  Program; and

2-5       [(2)] (II) The carcinogen is reasonably associated with the

2-6  disabling cancer.

2-7  [2.] (b) Compensation awarded to the employee or his

2-8  dependents for disabling cancer pursuant to [subsection 1]

2-9  paragraph (a) must include:

2-10      [(a)] (I) Full reimbursement for related expenses incurred for

2-11  medical treatments, surgery and hospitalization; and

2-12      [(b)] (II) The compensation provided in chapters 616A to 616D,

2-13  inclusive, of NRS for the disability or death.

2-14      [3.] (c) Disabling cancer is presumed to have developed or

2-15  manifested itself out of and in the course of the employment of any

2-16  fireman described in this section. This presumption applies to

2-17  disabling cancer diagnosed after the termination of the person’s

2-18  employment if the diagnosis occurs within a period, not to exceed

2-19  60 months, which begins with the last date the employee actually

2-20  worked in the qualifying capacity and extends for a period

2-21  calculated by multiplying 3 months by the number of full years of

2-22  his employment. This presumption must control the awarding of

2-23  benefits pursuant to this section unless evidence to dispute the

2-24  presumption is presented.

2-25      2.  Notwithstanding any other provision of this chapter, if a

2-26  person specified in paragraph (a) of subsection 1 demonstrates

2-27  that he has contracted:

2-28      (a) Bladder cancer and that he was exposed during the course

2-29  of his employment to any diesel exhaust, formaldehyde or

2-30  polycyclic aromatic hydrocarbon;

2-31      (b) Brain cancer and that he was exposed during the course of

2-32  his employment to any acrylonitrile, formaldehyde or vinyl

2-33  chloride;

2-34      (c) Colon cancer and that he was exposed during the course of

2-35  his employment to any diesel exhaust or formaldehyde;

2-36      (d) Hodgkin’s lymphoma and that he was exposed during the

2-37  course of his employment to any formaldehyde;

2-38      (e) Kidney cancer and that he was exposed during the course

2-39  of his employment to any formaldehyde or polycyclic aromatic

2-40  hydrocarbon;

2-41      (f) Liver cancer and that he was exposed during the course of

2-42  his employment to any chloroform, soot or vinyl chloride;

2-43      (g) Lung cancer and that he was exposed during the course of

2-44  his employment to any asbestos, diesel exhaust, formaldehyde or

2-45  vinyl chloride;

3-1  (h) Lymphatic or haemotopoietic cancer and that he was

3-2  exposed during the course of his employment to any acrylonitrile,

3-3  benzene, formaldehyde, polycyclic aromatic hydrocarbon, soot or

3-4  vinyl chloride; or

3-5  (i) Any other form of cancer and that he was exposed to any

3-6  acrolein, acrylonitrile, asbestos, benzene, chloroform, diesel

3-7  exhaust, formaldehyde, hydrogen cyanide, nitrogen dioxide,

3-8  organic solvent, polycyclic aromatic hydrocarbon, soot or vinyl

3-9  chloride,

3-10  the cancer is an occupational disease and compensable as such

3-11  under the provisions of this chapter.

3-12      3.  Any compensation awarded to the employee or his

3-13  dependents pursuant to subsection 2 must include:

3-14      (a) Full reimbursement for related expenses incurred for

3-15  medical treatments, surgery and hospitalization; and

3-16      (b) The compensation provided in chapters 616A to 616D,

3-17  inclusive, of NRS.

 

3-18  H