1. Except as otherwise provided in NRS 617.366, silicosis and diseases related to asbestos are occupational diseases and are compensable as such when contracted by an employee and when arising out of and in the course of the employment.
2. Claims for compensation on account of silicosis or a disease related to asbestos are forever barred unless application is made to the insurer within 1 year after the date of disability or death and within 1 year after the claimant knew or should have known of the relationship between the disease and the employment.
3. Nothing in this chapter entitles an employee or the dependents of the employee to compensation, medical, hospital and nursing expenses or payment of funeral expenses for disability or death because of silicosis or a disease related to asbestos in the event of the failure or omission on the part of the employee truthfully to state, when seeking employment, the place, duration and nature of previous employment in answer to an inquiry made by the employer.
4. No compensation may be paid in case of silicosis or a disease related to asbestos unless the injured employee has been exposed to harmful quantities of silicon dioxide dust or fibers of asbestos for not less than 1 year in employment in this State covered by this chapter and chapters 616A to 616D, inclusive, of NRS.
5. Compensation on account of silicosis or a disease related to asbestos is payable only in the event of a temporary or permanent disability, or death, in accordance with the provisions of chapters 616A to 616D, inclusive, of NRS. Except as otherwise provided in NRS 616C.505, the insurer shall not allow the conversion of the compensation benefits provided for in this section into the payment of a lump sum. Payment of benefits and compensation is limited to the claimant and the dependents of the claimant.
6. Any claimant who has been disabled by silicosis or a disease related to asbestos before July 1, 1973, or the dependents of the claimant, upon receiving the maximum sum payable, $14,250, to which they are entitled, are not entitled to compensation from the insurer, but are entitled to continue to receive the same amount of compensation from the account for pensions for silicosis, diseases related to asbestos and other disabilities.
[Part 26:44:1947; A 1949, 365; 1953, 297]—(NRS A 1957, 307; 1959, 250; 1961, 449; 1963, 84; 1965, 980; 1967, 206; 1969, 898; 1971, 326, 1083; 1973, 539, 1406; 1975, 259, 510, 823; 1979, 1064; 1981, 1504; 1983, 460; 1985, 724; 1987, 590; 1991, 1803; 1993, 771; 1995, 2036)
Structure Nevada Revised Statutes
Chapter 617 - Occupational Diseases
NRS 617.015 - Rights and liabilities of employers and employees.
NRS 617.030 - "Casual" defined.
NRS 617.050 - "Compensation" defined.
NRS 617.060 - "Disablement" and "total disablement" defined.
NRS 617.065 - "Disease related to asbestos" defined.
NRS 617.070 - "Employee" and "worker" defined.
NRS 617.080 - "Employee": Persons excluded.
NRS 617.091 - "Employee": Lessees engaged in mining or operating a reduction plant.
NRS 617.100 - "Employee": Subcontractors and employees.
NRS 617.105 - "Employee": Real estate licensees.
NRS 617.110 - "Employer" defined.
NRS 617.120 - "Independent contractor" defined.
NRS 617.130 - "Medical benefits" defined.
NRS 617.135 - "Police officer" defined.
NRS 617.140 - "Silicosis" defined.
NRS 617.145 - "Sole proprietor" defined.
NRS 617.150 - "Subcontractors" defined.
NRS 617.160 - Division of Industrial Relations to administer chapter.
NRS 617.165 - Procedures for determination of contested cases.
NRS 617.1665 - Payment of premiums by employers insured by private carrier.
NRS 617.170 - No liability created for disability or death occurring before July 1, 1947.
NRS 617.175 - Independent enterprises.
NRS 617.190 - Devices modifying liability void.
NRS 617.200 - Employers to provide compensation; employer and insurer relieved from liability.
NRS 617.220 - Applicability to employers of excluded persons.
NRS 617.250 - Reporting of lessees engaged in mining or operating reduction plant.
NRS 617.342 - Notice of occupational disease: Requirements; availability of form; retention.
NRS 617.356 - Duty of insurer to accept or deny claim; written determination.
NRS 617.370 - Medical examination; refusal to submit; testimony of physician.
NRS 617.380 - Autopsy: Order by insurer; findings of physician.
NRS 617.385 - Limitation on receipt of modified motor vehicle as medical benefit.
NRS 617.390 - Compensation for both injury and disease.
NRS 617.392 - Compensation for combination of injuries, illnesses and disabilities.
NRS 617.395 - Compensation for mastectomy and reconstructive surgery.
NRS 617.400 - Compensation: Effect of false representation, willful misconduct and self-exposure.
NRS 617.405 - Judicial review of contested claims.
NRS 617.410 - Compensation paid by insurer.
NRS 617.430 - Eligibility; limitations.
NRS 617.445 - Determination of date of disablement.
NRS 617.450 - Specific occupational diseases; schedule.
NRS 617.459 - Determination of percentage of disability resulting from heart or lung diseases.
NRS 617.470 - Occupational diseases of respiratory tract resulting from exposure to dusts.
NRS 617.481 - Certain contagious diseases as occupational diseases.
NRS 617.487 - Hepatitis as occupational disease of certain other police officers.
NRS 617.510 - Penalties and remedies are cumulative; exception.