Court Case Update, Nevada - May 2020
InsightsLegal
By NCCI Insights May 27, 2020

On May 14, 2020, the Court of Appeals of Nevada, in City of Henderson v. Spangler, found that a police officer who had a preexisting and likely genetic hearing loss condition may be entitled to workers compensation benefits for the aggravation of his progressive hearing loss. The court, reversing the denial of benefits due to the preemployment condition, relied on Nevada statute 617.366, which provides workers compensation benefits when an employee’s current condition results from an original condition that preexisted the job and was aggravated or accelerated by an occupational disease contracted from the job.

The court concluded that an employee may be entitled to benefits pursuant to 617.366 if the current employment triggers an occupational disease that aggravates an original condition beyond its natural progression, even when such condition was originally genetically inherited and always present in some limited form.

This decision could be appealed. NCCI will monitor for further developments.

For more information on other cases monitored by NCCI’s Legal Division, visit previous Court Case Updates and Court Case Insights, under the Legal section of INSIGHTS on ncci.com.

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