Public-domain · open source
OpenJurist

NRS 616C.175

Employment-related aggravation of preexisting condition which is not employment related; aggravation of employment-related injury by incident which is not employment related

Applied in 11 court decisions — leading case Law Offices of Barry Levinson, P.C. v. Milko (2008)

Most recently applied in City of Henderson v. Spangler (May 2020)

(Added to NRS by 1993, 663; A 1995, 2147; 1999, 1777)

How often courts cite this section

199620002010202030
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

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,

Ê 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,

Ê 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.

Official source: Nevada Legislature. Reproduced from public-domain Nevada statutes; confirm against the official source for the current text. Not legal advice.