616A.265 - “Injury” and “personal injury” defined.
616A.265 “Injury” and “personal injury” defined.
1. “Injury” or “personal injury” means a sudden and tangible happening of a traumatic nature, producing an immediate or prompt result which is established by medical evidence, including injuries to prosthetic devices. Except as otherwise provided in subsection 3, any injury sustained by an employee while engaging in an athletic or social event sponsored by his or her employer shall be deemed not to have arisen out of or in the course of employment unless the employee received remuneration for participation in the event.
2. For the purposes of chapters 616A to 616D, inclusive, of NRS:
(a) Coronary thrombosis, coronary occlusion, or any other ailment or disorder of the heart, and any death or disability ensuing therefrom, shall be deemed not to be an injury by accident sustained by an employee arising out of and in the course of his or her employment.
(b) The exposure of an employee to a contagious disease while providing medical services, including emergency medical care, in the course and scope of his or her employment shall be deemed to be an injury by accident sustained by the employee arising out of and in the course of his or her employment.
(c) Except as otherwise provided in paragraph (d), the exposure to a contagious disease of a police officer or a salaried or volunteer firefighter who was exposed to the contagious disease:
(1) Upon battery by an offender; or
(2) While performing the duties of a police officer or firefighter,
Ê shall be deemed to be an injury by accident sustained by the police officer or firefighter arising out of and in the course of his or her employment if the exposure is documented by the creation and maintenance of a report concerning the exposure pursuant to paragraph (a) of subsection 1 of NRS 616C.052. As used in this paragraph, the term “battery” includes, without limitation, the intentional propelling or placing, or the causing to be propelled or placed, of any human excrement or bodily fluid upon the person of an employee.
(d) If a police officer or a salaried or volunteer firefighter tests positive for exposure to tuberculosis or another contagious disease under the circumstances described in subsection 2 or 3 of NRS 616C.052, he or she shall be deemed to have sustained an injury by accident arising out of and in the course of his or her employment, unless the insurer can prove by a preponderance of the evidence that the exposure was not related to the employment of the police officer or firefighter.
3. Any injury sustained by an employee of a school district while engaging in an athletic or social event shall be deemed to have arisen out of and in the course of his or her employment, whether or not the employee received remuneration for participation in the event, if:
(a) The event was sponsored by the school district, or the event was an extracurricular activity which was sponsored or organized by a student class, student group or student organization for an educational, recreational or charitable purpose and which was reasonably related to the employee’s job with the school district;
(b) The employee participated in the event at the request of or with the concurrence of supervisory personnel, whether the request or concurrence was oral or written; and
(c) The employee participated in the event to enable the event to take place or to ensure the safety and well-being of any students of the school district.
[19:168:1947; A 1951, 485]—(NRS A 1975, 619; 1981, 1196; 1991, 2400; 1993, 694; 1999, 2446; 2001, 1015, 1872; 2003, 104, 2793; 2005, 341, 2237)