Compensation prohibited unless preponderance of evidence establishes that disease arose out of and in course of employment; rebuttable presumption if notice of disease is filed after termination of employment.
1. An employee or his dependents are not entitled to receive compensation pursuant to the provisions of this chapter unless the employee or his dependents establish by a preponderance of the evidence that the employee’s occupational disease arose out of and in the course of his employment.
2. If the employee files a notice of an occupational disease pursuant to NRS 617.342 after his employment has been terminated for any reason, there is a rebuttable presumption that the occupational disease did not arise out of and in the course of his employment.
Last modified: February 25, 2006