The retroactive clause is where it gets interesting
Legal Insights
By Matthew Sellers
Dec 03, 2025ShareNevada is expanding workers' compensation protections for first responders with a new law broadening lung disease presumptions for police officers, firefighters and arson investigators.
On December 1, 2025, during Nevada's 36th Special Session, the Legislature enacted Senate Bill No. 7, sponsored by Senator Nicole Cannizzaro. The act amends NRS 617.455, which governs when diseases of the lungs are treated as occupational diseases resulting in compensation for temporary or permanent disability or death for certain firefighters, arson investigators, police officers and volunteer firefighters. The act becomes effective upon passage and approval.
Under existing law, diseases of the lungs are occupational and compensable if caused by exposure to heat, smoke, fumes, tear gas or any other noxious gases arising out of and in the course of employment, for persons employed in specified roles for two years or more. These roles include full-time salaried firefighting or arson investigation for the benefit or safety of the public, acting as a volunteer firefighter entitled to benefits under Nevada's workers' compensation chapters, and full-time salaried employment as a police officer in the state.
The key change is to the conclusive presumption in subsection 5. The amended language provides that a disease of the lungs is not required to be caused by exposure to heat, smoke, fumes, tear gas or any other noxious gases and is conclusively presumed to have arisen out of and in the course of employment for a person employed in a full-time continuous, uninterrupted and salaried occupation as a police officer, firefighter or arson investigator for two years or more before the date of disablement, if certain timing conditions are met.
Those conditions are: the disease is diagnosed and causes disablement during employment; or, if the person ceases employment before completing 20 years of service, during a period after separation equal to the number of years worked; or, if the person completes 20 years or more of service, at any time during the person's life. Service credit purchased in a retirement system must not be calculated toward years of service.
The law sets exclusions from this presumption. Frequent or regular use of a tobacco product within one year immediately preceding the filing of a claim, or a material departure from a physician's prescribed plan of care within three months immediately preceding the claim, excludes a separated person from the benefit of the presumption. Failure to correct predisposing conditions when ordered in writing by the examining physician also excludes the employee from benefits if the correction is within the employee's ability.
The statute requires covered employees to undergo medical examinations paid for by the employer, with schedules varying based on role and age.
A person determined to be partially disabled and incapable of performing work as a firefighter, police officer or arson investigator may elect to receive permanent total disability benefits under NRS 616C.440. A person who files a claim after retiring is not entitled to receive any compensation other than medical benefits.
Senate Bill 7 also adds oversight and penalty provisions. If an employer, insurer or third-party administrator denies a claim and the claimant ultimately prevails, the Administrator may order payment of a benefit penalty of not more than $200 for each day from the date an appeal is filed until final adjudication, in addition to any benefits and fines under NRS 616D.120.
The amendments apply retroactively to claims filed on or before the effective date. This legislative change marks a shift in how Nevada handles occupational lung disease claims for first responders, with direct implications for workers' compensation insurers, third-party administrators and public employers managing these exposures.
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