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EMPLOYERS INS. CO. OF NEV. v. DANIELS

No. 44575.

145 P.3d 1024 (2006)

EMPLOYERS INSURANCE COMPANY OF NEVADA, Appellant, v. Duane DANIELS; and Bechtel Nevada Corporation, Respondents.

Supreme Court of Nevada.

November 9, 2006.

Attorney(s) appearing for the Case

David H. Benavidez, Henderson, for Appellant.

King Gross & Sutcliffe, Ltd., and Marvin S. Gross, Las Vegas, for Respondent Duane Daniels.

Santoro, Driggs, Walch, Kearney, Johnson & Thompson and Daniel L. Schwartz, Las Vegas, for Respondent Bechtel Nevada Corporation.

Before the Court En Banc.

OPINION

GIBBONS, J.

Nevada has a statutory firefighters' conclusive presumption, that the heart disease of full-time firefighters who have been employed for five years or more before becoming disabled arises from employment. In this case, the firefighter worked at least five years for each of two successive employers before becoming disabled from heart disease. Thus, we must determine which of the two employers is liable for medical and disability...

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