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Gallagher v. City of Las Vegas5/19/1998
Appeal from an order of the district court affirming the denial of occupational disease benefits to appellant Gallagher, a retired firefighter with heart disease (Docket No. 29354) Appeal from an order of the district court affirming an award of occupational disease benefits to respondent Sorensen, a retired firefighter with heart disease (Docket No. 29615). Eighth Judicial District Court, Clark County; Sally L. Loehrer and A. William Maupin, Judges.
Reversed and remanded with instructions (Docket No. 29354); and affirmed (Docket No. 29615).
In these appeals, we are asked to decide whether veteran firefighters who are disabled by heart disease after they retire are entitled to occupational disease benefits under, NRS 617.457(1), which establishes a conclusive presumption that a firefighter's heart disease arose out of and in the course of employment if certain conditions are met. Based on the history and language of the statute, and the public policy underlying its enactment, we conclude that appellant Gallagher and respondent Sorensen may invoke the conclusive presumption to establish their claims for benefits.
FACTS
Gallagher, Docket No. 29354.
The City of Las Vegas employed appellant James Gallagher as a firefighter on a full-time, continuous, uninterrupted, salaried basis from February 1962 until June 30, 1992, when he retired. During his employment, Gallagher underwent mandatory annual physical examinations, none of which revealed any heart disease. Nevertheless, in 1991 Gallagher felt unwell. He attributed being tired all the time to his demanding work schedule, but was concerned about recurring pain in his side, shoulder and jaw. Gallagher reviewed his 1991 physical with his family doctor, who explained that everything appeared normal. Gallagher passed his next mandatory physical in early 1992, but was still experiencing pain along the back of his arm and in, his jaw, shoulder and side. In addition, he was experiencing some shortness of breath. Gallagher had planned to retire on January 1, 1993, but when the City offered him an early, retirement, he immediately accepted it and retired June 10, 1992.
On January 31, 1994, Gallagher suffered a heart, attack and learned he had coronary artery disease. He underwent angioplasty to increase blood flow in his right coronary artery. In February 1994, Gallagher submitted a claim for benefits. The City, a self-insured employer, denied the claim. The denial of benefits was upheld on review by a hearing officer and an appeals officer, who both concluded that, Gallagher did not qualify for the conclusive presumption of coverage provided by NRS 617.457(1) and did not prove a causal connection between his heart disease and his employment. The district court denied Gallagher's petition for judicial review, and Gallagher appeals.
Sorensen, Docket No. 29615.
The City of Las Vegas employed respondent William Sorensen as a firefighter on a full-time, continuous, uninterrupted, salaried basis from November 1957 until June 1992, when he retired. Sorensen also took and passed mandatory annual physical examinations. In June 1982 Sorensen experienced chest pains at work, with pain in his left arm and other symptoms of a heart attack, for which he sought emergency care. A cardiologist examined Sorensen, had him take a stress treadmill test and placed him on a 24-hour heart monitor; the tests revealed an irregular heartbeat, but no evidence of heart disease. Although Sorensen experienced intermittent exercise-induced chest pain for sometime before he retired and his 1990-1992 treadmill tests suggested possible arterial blockage, follow-up thallium stress tests revealed no eviden
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