Senate Bill No. 193–Senator Schneider

 

February 21, 2003

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Revises provisions regarding coverage of industrial insurance for certain employees. (BDR 53‑782)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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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 industrial insurance; extending the coverage of industrial insurance for employees of school districts who engage in an athletic or social event 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 616A.265 is hereby amended to read as

1-2  follows:

1-3  616A.265  1.  “Injury” or “personal injury” means a sudden

1-4  and tangible happening of a traumatic nature, producing an

1-5  immediate or prompt result which is established by medical

1-6  evidence, including injuries to prosthetic devices. [Any] Except as

1-7  otherwise provided in subsection 3, any injury sustained by an

1-8  employee while engaging in an athletic or social event sponsored by

1-9  his employer shall be deemed not to have arisen out of or in the

1-10  course of employment unless the employee received remuneration

1-11  for participation in the event.

1-12      2.  For the purposes of chapters 616A to 616D, inclusive, of

1-13  NRS:

1-14      (a) Coronary thrombosis, coronary occlusion, or any other

1-15  ailment or disorder of the heart, and any death or disability ensuing

1-16  therefrom, shall be deemed not to be an injury by accident sustained

1-17  by an employee arising out of and in the course of his employment.

2-1  (b) The exposure of an employee to a contagious disease while

2-2  providing medical services, including emergency medical care, in

2-3  the course and scope of his employment shall be deemed to be an

2-4  injury by accident sustained by the employee arising out of and in

2-5  the course of his employment.

2-6  (c) Except as otherwise provided in paragraph (d), the exposure

2-7  to a contagious disease of a police officer or a salaried or volunteer

2-8  fireman who was exposed to the contagious disease:

2-9       (1) Upon battery by an offender; or

2-10          (2) While performing the duties of a police officer or

2-11  fireman,

2-12  shall be deemed to be an injury by accident sustained by the police

2-13  officer or fireman arising out of and in the course of his employment

2-14  if the exposure is documented by the creation and maintenance of a

2-15  report concerning the exposure pursuant to paragraph (a) of

2-16  subsection 1 of NRS 616C.052. As used in this paragraph, the term

2-17  “battery” includes, without limitation, the intentional propelling or

2-18  placing, or the causing to be propelled or placed, of any human

2-19  excrement or bodily fluid upon the person of an employee.

2-20      (d) If a police officer or a salaried or volunteer fireman tests

2-21  positive for exposure to tuberculosis under the circumstances

2-22  described in subsection 2 or 3 of NRS 616C.052, he shall be deemed

2-23  to have sustained an injury by accident arising out of and in the

2-24  course of his employment, unless the insurer can prove by a

2-25  preponderance of the evidence that the exposure was not related to

2-26  the employment of the police officer or fireman.

2-27      3.  Any injury sustained by an employee of a school district

2-28  while engaging in an athletic or social event shall be deemed to

2-29  have arisen out of and in the course of his employment, whether

2-30  or not the employee received remuneration for participation in the

2-31  event, if:

2-32      (a) The event was sponsored by the school district, or the event

2-33  was an extracurricular activity which was sponsored or organized

2-34  by a student class, student group or student organization for an

2-35  educational, recreational or charitable purpose and which was

2-36  reasonably related to the employee’s job with the school district;

2-37      (b) The employee participated in the event at the request of or

2-38  with the concurrence of supervisory personnel, whether the

2-39  request or concurrence was oral or written; and

2-40      (c) The employee participated in the event to enable the event

2-41  to take place or to ensure the safety and well-being of any students

2-42  of the school district.

2-43      Sec. 2.  This act becomes effective upon passage and approval.

 

2-44  H