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Police Injuries: What Is Conclusive Presumption of Compensability?

The conclusive presumption of compensability in Nevada means that law enforcement officers do not have to prove that an occupational exposure was the cause of any lung or heart disease they develop. This law makes it considerably easier for law enforcement officers, firefighters, and arson investigators to pursue compensation for these occupational diseases.

The Conclusive Presumption of Compensability in Nevada

Lung and heart diseases are presumed to be industrial for any that any police officer, firefighter or arson investigator who was employed full-time position and has served for two years or longer in a continuous capacity prior to the disabling disease. It is important to note any disease of the heart or lung is presumed to be job incurred, even if it was not. In fact, even congenital birth defects that cause such diseases are covered.

The disease can be diagnosed while the individual is still employed in their capacity as a police officer, firefighter or arson investigator. It also covers individuals at any time prior to completing 20 years of service or at any time that is equal to the total number of years they worked in that capacity. If the individual completes 20 years or more service as a police officer, firefighter or arson investigator the presumption of compensability extends throughout their lifetime. Less than 20 years of service the claimant gets year for year coverage. However, it should be noted that any service credit purchased via a retirement scheme does not apply towards the years of service requirements.

Covered Injuries

There are many types of heart and lung diseases that a police officer, firefighter and arson investigator can suffer. These include cardiovascular disease, heart failure, and myocardial infarctions.  Most heart diseases are the result of long-term damage caused by the duties required of a law enforcement officer. However, causation to the job is not required under these unique laws.

Lung diseases can include asthma and acute respiratory distress syndrome, emphysema, restrictive lung disease, and chronic bronchitis. Police officers, firefighters, and arson investigators can suffer lung diseases following a single toxic exposure, or after years of repeated exposures.  This means that any officer filing claims merely only needs to establish that their doctor has diagnosed them with this injury in order for them to qualify for compensation. 

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