Document Type
Case Summary
Publication Date
6-25-2023
Case Synopsis
The Nevada Supreme Court addressed the burden of proof for an NRS 617.457 occupational heart disease claim, when an NRS 617.457(11) defense is raised alleging that the employee failed to correct predisposing conditions. In order to raise an affirmative defense under NRS 617.457(11), the employer bears the burden of proving (1) the employee had a predisposing condition that leads to the disease, (2) the employee was “ordered in writing by the examining physician” to correct the predisposing condition, (3) the employee failed to correct the predisposing condition, and (4) the correction was “within the ability of the employee.”2 It is not enough to show that the employee failed to correct the predisposing condition leading to heart disease; employers also have the burden to show that the employee had the ability to correct the condition.
Recommended Citation
Cummings, Jefferson, "LVMPD v. Holland, 139 Nev. Adv. Op. 10 (Apr. 20, 2023)" (2023). Nevada Supreme Court Summaries. 1575.
https://scholars.law.unlv.edu/nvscs/1575