AB 267 — Revises provisions governing industrial insurance. (BDR 53-650)

EXEMPTAssembly (ReprintedBill withNo. amendments adopted on May 31, 2017) THIRD REPRINT A.B.

267267–Assemblymen AAraujo, SSEMBLYCarlton, BFrierson; ILL N O.

267–ADaly, SSEMBLYMENFumo, ARAUJOJauregui, ,Monroe-Moreno Cand ARLTONSpiegel ,Joint FSponsors: RIERSON;

DSenators ALY,Segerblom, FCancela, UMOManendo, ,Parks JAUREGUIand ,Cannizzaro MONROECHAPTER.......... -MORENO AND SPIEGEL M ARCH 7, 2017 ____________ JOINTS PONSORS :

ENATORS SEGERBLOM , ANCELA , M ANENDO , ARKS AND CANNIZZARO ____________ Referred to Committee on Commerce and Labor SUMMARY—Revises provisions governing industrial insurance.

(BDR 53-650) FISCAL NOTE:

Effect on Local Government:

May have Fiscal Impact.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Existing law provides for the payment of compensation under chapter 617 of NRS for temporary or permanent disability or death for the occupational diseases of lung disease and heart disease for certain firefighters, arson investigators and police presumedofficers. to have arisen out of and in the course of the employment under certainy circumstances.

(NRSExisting 617.455,law 617.457)provides Sections 4 and 5 of this bill provide that if an employer, insurer or third-party administrator denies a claim for compensation - *AB267_R3* – 2 – for these occupational diseases andare theconclusively claimantpresumed ultimatelyto prevails,have thearisen Administratorout of the Division of Industrial Relations of the Department of Business and Industryin is authorized to order the employer,course insurer or third-party administrator to pay the claimant a benefit penalty of not more than $200 for each day that the claimemployment is under appeal.certain circumstances.

(NRS 617.455, 617.457) Sections 4 and 5 requireof thethis employer,bill insurerprovide occupationalthat diseaseif andfor incurredthese byoccupational diseases and the claimant onultimately orprevails, aftertheensation theAdministrator date of the hearingDivision beforeof theIndustrial hearingRelations officerof butthe provideDepartment forof theBusiness recoveryand ofIndustry suchis amountsauthorized paidto iforder the employer, insurer or third-party administrator ultimatelyto prevails.pay the claimant a benefit penalty of not more than $200 for each day that the claim is under appeal.

Sections 4 and 5 require the employer, insurer or third-party administrator to pay all medical costs that are associated with the before the hearing officer but provide for the recovery of such amounts paid if theng employer, insurer or third-party administrator ultimately prevails.

examinationsExisting tolaw firefighters,requires arsoncertain investigatorstests andwhen policeadministering officerscertain regardingphysical the occupational diseases of lung and heart disease for the purposes of industrialindustrialg the insurance coverage.

Section 3 additionally authorizes the employer’s officer who is responsible for risk management or human resources or his or her designee to release to certain persons a report only containing certain information based on the results of a physical examination.

containing- certain79th informationSession based(2017) on– the2 results– of a Existing law prohibits the payment of compensation for disability because of an occupational injury or disease which does not incapacitate the employee for at least 5 cumulative days within a 20-day period from earning full wages.

(NRS 616C.400,616C.400,east 617.420) Section 1 of this bill exempts a claim for compensation under chapters 616A to 616D of NRS for disability for the occupational diseases of cancer, lung disease and heart disease from that prohibition.

(1) revises the compensationprohibition as it relates to occupational diseases to apply exclusively to does not apply to medical benefits for temporarythe totaloccupational disability;diseases of cancer, lungion disease or heart disease.

andEXPLANATION (2)– clarifiesMatter thatin thebolded prohibitionitalics doesis notnew; apply to medical benefits for the occupational diseases of cancer, lung disease or heart disease.

matter between brackets [omitted material] is material to be omitted.

- *AB267_R3* – 3 – (b) Compensation paid to the injured employee pursuant to subsection 1 of NRS 616C.477.

- 79th Session (2017) – 3 – Sec.

(a) A thorough test of the functioning of the hearing of the employee;emp(b) A purified protein derivative skin test to screen for exposure to tuberculosis.

and (b) A purified protein derivative skin test to screen for exposure to tuberculosis.

or (2)(c) CreatingThe employer’s officer who is responsible for risk management or human resources or his or her designee may create and release a report that is based on the results of a physical examination administered pursuant to paragraphNRS (c).617.455 or 617.457 to any person whom the employer’s officer determines has a need to know the information in the report.

- *AB267_R3* – 4 – (c) The employer’s officer who is responsible for risk management or human resources or his or her designee may create and release a report that is based on the results of a physical examination administered pursuant to NRS 617.455 or 617.457 to any person whom the employer’s officer determines has a need to know the information in the report.

- 79th Session (2017) – 4 – Sec.

Notwithstanding any other provision of this chapter, diseases of the lungs, resulting in either temporary or permanent disability or death, are occupational diseases and compensable as such under the provisions of this chapter if caused by exposure to heat, smoke, fumes, tear gas or any other noxiousnoxioused gases, arising out of and in the course of the employment of a person who, for 2 years or more, has been:

(a) A physical examination upon employment and upon com(b) The making of an X-ray film of the volunteer firefighter’s lungs once every 3 years after the physical examination that is required upon commencement of the coverage;coverage, ¬ until the volunteer firefighter reaches the age of 50 years.

and - *AB267_R3* – 5 – (b) The making of an X-ray film of the volunteer firefighter’s lungs once every 3 years after the physical examination that is required upon commencement of the coverage, ¬ until the volunteer firefighter reaches the age of 50 years.

A disease of the lungs is conclusively presumed to have arisen out of and in the course of the employment of a person who - 79th Session (2017) – 5 – has been employed in a full-time continuous, uninterrupted and salaried occupation as a police officer, firefighter or arson investigator for 2 years or more before the date of disablement if the disease is diagnosed and causes the disablement:

(a) During the course of that employment;

(a) Partially disabled from an occupational disease pursuant to thethe(b) provisionsIncapable of thisperforming, section;with or without remuneration, work as a firefighter, police officer or arson investigator, ¬ may elect to receive the benefits provided under NRS 616C.440 for a permanent total disability.

and (b) Incapable of performing, with or without remuneration, work as a firefighter, police officer or arson investigator, - *AB267_R3* – 6 – ¬ may elect to receive the benefits provided under NRS 616C.440 for a permanent total disability.

- 79th Session (2017) – 6 – (a) Begins on the date on which the claimant first files or submits a request for a hearing or an appeal of a determination regarding the claim;

and (b) Continues until the date on which the claim is adjudicated to 11.inaExcept as otherwise provided in this subsection, if an employer, insurer or third-party administrator denies a claim that was filed pursuant to this section and the claimant ultimately prevails, the Administrator may order the employer, insurer or third-party administrator, as applicable, to pay to the claimant a benefit penalty of not more than $200 for each day from the date on which an appeal is filed until the date on which the claim is adjudicated to a final decision.

11.