Assembly Bill No. 451–Committee on
Commerce and Labor

 

March 24, 2003

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Clarifies provisions governing compensation for certain firemen who develop disabling cancer as occupational disease. (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; clarifying provisions governing compensation for certain firemen who develop disabling cancer as an occupational disease; 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.  Notwithstanding any other provision of this

1-3  chapter, cancer, resulting in either temporary or permanent

1-4  disability, or death, is an occupational disease and compensable as

1-5  such under the provisions of this chapter if:

1-6  (a) The cancer develops or manifests itself out of and in the

1-7  course of the employment of a person who, for 5 years or more, has

1-8  been:

1-9       (1) Employed in this state in a full-time salaried occupation

1-10  of fire fighting for the benefit or safety of the public; or

1-11          (2) Acting as a volunteer fireman in this state and is entitled

1-12  to the benefits of chapters 616A to 616D, inclusive, of NRS

1-13  pursuant to the provisions of NRS 616A.145; and

1-14      (b) It is demonstrated that:

2-1       (1) He was exposed, while in the course of the employment,

2-2  to a known carcinogen as defined by the International Agency for

2-3  Research on Cancer or the National Toxicology Program; and

2-4       (2) The carcinogen is reasonably associated with the

2-5  disabling cancer.

2-6  2.  With respect to a person who, for 5 years or more, has been

2-7  employed in this state in a full-time salaried occupation of fire

2-8  fighting for the benefit or safety of the public, the following

2-9  substances shall be deemed, for the purposes of paragraph (b) of

2-10  subsection 1, to be known carcinogens that are reasonably

2-11  associated with the following disabling cancers:

2-12      (a) Diesel exhaust, formaldehyde and polycyclic aromatic

2-13  hydrocarbon shall be deemed to be known carcinogens that are

2-14  reasonably associated with bladder cancer.

2-15      (b) Acrylonitrile, formaldehyde and vinyl chloride shall be

2-16  deemed to be known carcinogens that are reasonably associated

2-17  with brain cancer.

2-18      (c) Diesel exhaust and formaldehyde shall be deemed to be

2-19  known carcinogens that are reasonably associated with colon

2-20  cancer.

2-21      (d) Formaldehyde shall be deemed to be a known carcinogen

2-22  that is reasonably associated with Hodgkin’s lymphoma.

2-23      (e) Formaldehyde and polycyclic aromatic hydrocarbon shall

2-24  be deemed to be known carcinogens that are reasonably associated

2-25  with kidney cancer.

2-26      (f) Chloroform, soot and vinyl chloride shall be deemed to be

2-27  known carcinogens that are reasonably associated with liver

2-28  cancer.

2-29      (g) Acrylonitrile, benzene, formaldehyde, polycyclic aromatic

2-30  hydrocarbon, soot and vinyl chloride shall be deemed to be known

2-31  carcinogens that are reasonably associated with lymphatic or

2-32  haemotopoietic cancer.

2-33      3.  The provisions of subsection 2 do not create an exclusive

2-34  list and do not preclude any person from demonstrating, on a

2-35  case-by-case basis for the purposes of paragraph (b) of subsection

2-36  1, that a substance is a known carcinogen that is reasonably

2-37  associated with a disabling cancer.

2-38      4.  Compensation awarded to the employee or his dependents

2-39  for disabling cancer pursuant to [subsection 1] this section must

2-40  include:

2-41      (a) Full reimbursement for related expenses incurred for medical

2-42  treatments, surgery and hospitalization [;] in accordance with the

2-43  schedule of fees and charges established pursuant to NRS

2-44  616C.260 or, if the insurer has contracted with an organization for

2-45  managed care or with providers of health care pursuant to NRS

3-1  616B.527, the amount that is allowed for the treatment or other

3-2  services under that contract; and

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

3-4  inclusive, of NRS for the disability or death.

3-5  [3.] 5. Disabling cancer is presumed to have developed or

3-6  manifested itself out of and in the course of the employment of any

3-7  fireman described in this section. This rebuttable presumption

3-8  applies to disabling cancer diagnosed after the termination of the

3-9  person’s employment if the diagnosis occurs within a period, not to

3-10  exceed 60 months, which begins with the last date the employee

3-11  actually worked in the qualifying capacity and extends for a period

3-12  calculated by multiplying 3 months by the number of full years of

3-13  his employment. This rebuttable presumption must control the

3-14  awarding of benefits pursuant to this section unless evidence to

3-15  [dispute] rebut the presumption is presented.

3-16      6.  The provisions of this section do not create a conclusive

3-17  presumption.

 

3-18  H