Employment-related aggravation of preexisting condition which is not employment related; aggravation of employment-related occupational disease by incident which is not employment related.

1. Law
2. Nevada Revised Statutes
3. Occupational Diseases
4. Employment-related aggravation of preexisting condition which is not employment related; aggravation of employment-related occupational disease by incident which is not employment related.

1. The resulting condition of an employee who:

(a) Has a preexisting condition from a cause or origin that did not arise out of and in the course of the employee’s current or past employment; and

(b) Subsequently contracts an occupational disease which aggravates, precipitates or accelerates the preexisting condition,

shall be deemed to be an occupational disease that is compensable pursuant to the provisions of chapters 616A to 617, inclusive, of NRS, unless the insurer can prove by a preponderance of the evidence that the occupational disease is not a substantial contributing cause of the resulting condition.

2. The resulting condition of an employee who:

(a) Contracts an occupational disease; and

(b) Subsequently aggravates, precipitates or accelerates the occupational disease in a manner that does not arise out of and in the course of his or her employment,

shall be deemed to be an occupational disease that is compensable pursuant to the provisions of chapters 616A to 617, inclusive, of NRS, unless the insurer can prove by a preponderance of the evidence that the occupational disease is not a substantial contributing cause of the resulting condition.

(Added to NRS by 1993, 762; A 1995, 2162; 1999, 1804)

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