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. - Nevada Statutes

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.

      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.

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