Document Type
Case Summary
Publication Date
1-30-2025
Case Synopsis
The court held that an employee seeking a conclusive presumption for disabling heart issues under NRS 617.457(11) only needs to take remedial action against predisposing conditions that caused those issues. The court acknowledged that the statute provides an affirmative defense for employers against workers’ compensation claims if they can prove that the employee failed to correct conditions leading to heart disease. However, the court clarified that the plain language of the statute shows that the affirmative defense only works if the predisposing condition actually caused the heart disease and does not apply to all conditions. Therefore, even if an employee fails to correct a predisposing condition that is not the cause of their disease, they are still entitled to the conclusive presumption and workers’ compensation.
Recommended Citation
Callier, Victoria, "CCMSI v. Odell, 141 Nev. Adv. Op. 5 (Jan. 30, 2025)" (2025). Nevada Supreme Court Summaries. 1746.
https://scholars.law.unlv.edu/nvscs/1746
