616C.180 - Injury or disease caused by stress. - Nevada Statutes

616C.180  Injury or disease caused by stress.

      1.  Except as otherwise provided in this section, an injury or disease sustained by an employee that is caused by stress is compensable pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS if it arose out of and in the course of his or her employment.

      2.  Any ailment or disorder caused by any gradual mental stimulus, and any death or disability ensuing therefrom, shall be deemed not to be an injury or disease arising out of and in the course of employment.

      3.  An injury or disease caused by stress shall be deemed to arise out of and in the course of employment only if the employee proves by clear and convincing medical or psychiatric evidence that:

      (a) The employee has a mental injury caused by extreme stress in time of danger;

      (b) The primary cause of the injury was an event that arose out of and during the course of his or her employment; and

      (c) The stress was not caused by his or her layoff, the termination of his or her employment or any disciplinary action taken against him or her.

      4.  The provisions of this section do not apply to a person who is claiming compensation pursuant to NRS 617.457.

      (Added to NRS by 1993, 663; A 1993, 2445)—(Substituted in revision for NRS 616.5019)