1. The resulting condition of an employee who:
(a) Has a preexisting condition from a cause or origin that did not arise out of or in the course of the employee’s current or past employment; and
(b) Subsequently sustains an injury by accident arising out of and in the course of his or her employment which aggravates, precipitates or accelerates the preexisting condition,
shall be deemed to be an injury by accident that is compensable pursuant to the provisions of chapters 616A to 616D, inclusive, of NRS, unless the insurer can prove by a preponderance of the evidence that the subsequent injury is not a substantial contributing cause of the resulting condition.
2. The resulting condition of an employee who:
(a) Sustains an injury by accident arising out of and in the course of his or her employment; and
(b) Subsequently aggravates, precipitates or accelerates the injury in a manner that does not arise out of and in the course of his or her employment,
shall be deemed to be an injury by accident that is compensable pursuant to the provisions of chapters 616A to 616D, inclusive, of NRS, unless the insurer can prove by a preponderance of the evidence that the injury described in paragraph (a) is not a substantial contributing cause of the resulting condition.
(Added to NRS by 1993, 663; A 1995, 2147; 1999, 1777)
Structure Nevada Revised Statutes
Chapter 616C - Industrial Insurance: Benefits for Injuries or Death
NRS 616C.035 - Application for death benefit.
NRS 616C.085 - Duties of employer when employee injured: First aid; reimbursement.
NRS 616C.115 - Prescription of generic drugs required; exceptions.
NRS 616C.117 - Prescription of drugs dispensed directly to injured employee; limitations.
NRS 616C.120 - Employee may elect treatment through prayer in lieu of medical treatment.
NRS 616C.185 - Compensation for mastectomy and reconstructive surgery.
NRS 616C.190 - Compensation of employee injured out of State.
NRS 616C.210 - Compensation of nonresident alien dependents; notification of dependent required.
NRS 616C.300 - Hearing officers: Appointment; salary; disqualification from particular case.
NRS 616C.370 - Judicial review.
NRS 616C.375 - Stay of decision of appeals officer.
NRS 616C.380 - Payment pending appeal when decision not stayed; effect of final resolution of claim.
NRS 616C.385 - Costs and attorney’s fees for frivolous petitions for judicial review.
NRS 616C.400 - Minimum duration of incapacity; exceptions.
NRS 616C.405 - Limitations on benefits received by employee.
NRS 616C.408 - Restrictive endorsements on checks issued by insurers.
NRS 616C.409 - Direct deposit of compensation.
NRS 616C.410 - Prohibition of settlements paid in lump sum; exceptions.
NRS 616C.415 - Written explanation of alternative settlements to be given to employee or dependents.
NRS 616C.420 - Method of determining average monthly wage.
NRS 616C.425 - Date of determination of amount of compensation and benefits.
NRS 616C.435 - Injuries deemed total and permanent.
NRS 616C.455 - Increase in benefits for permanent total disability incurred before April 9, 1971.
NRS 616C.473 - Annual increase in benefits for permanent total disability.
NRS 616C.485 - Permanent partial disability: Loss of or permanent damage to teeth.
NRS 616C.495 - Permanent partial disability: Payments in lump sum.
NRS 616C.505 - Amount and duration of compensation.
NRS 616C.508 - Annual increase in death benefits.
NRS 616C.510 - Increased death benefits if injury or disablement occurred before July 1, 1973.
NRS 616C.520 - Increased death benefits if injury or disablement occurred on or after July 1, 1973.
NRS 616C.530 - Priorities for returning injured employee to work.
NRS 616C.541 - Appointment of vocational rehabilitation counselor.
NRS 616C.543 - Prohibited acts of vocational rehabilitation counselor.
NRS 616C.547 - General duties of vocational rehabilitation counselor.
NRS 616C.560 - Extension of program for vocational rehabilitation.
NRS 616C.570 - On-the-job training as component of plan for program of vocational rehabilitation.
NRS 616C.575 - Payment of vocational rehabilitation maintenance.
NRS 616C.580 - Provision of services outside of State; limited lump-sum payment in lieu of services.
NRS 616C.585 - Limit on goods and services which may be provided; exceptions.
NRS 616C.700 - Duties of insurer who accepts a claim for catastrophic injury; life care plan.
NRS 616C.710 - Rescission or revision of determination of catastrophic injury.
NRS 616C.720 - Requirements for adjuster who administers claim for catastrophic injury.