Legal Opinion

Gallagher v. City of Las Vegas

Nevada Supreme Court

Decided May 19, 1998No. 29354, 29615PublishedCited by 59 opinions

1Opinion of the Court

OPINION

2Per curiam

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

Gallaghe…

3Cases cited4 opinions

  1. McKay v. Board of Sup'rs of Carson CityNevada Supreme Court · 1986
  2. Moody v. Manny's Auto RepairNevada Supreme Court · 1994
  3. State, Department of Motor Vehicles & Public Safety v. LovettNevada Supreme Court · 1994
  4. State Industrial Insurance System v. JeschNevada Supreme Court · 1985

4Cited by59 opinions

  1. Miller v. BurkNevada Supreme Court · 2008
  2. We The People Nevada ex rel. Angle v. MillerNevada Supreme Court · 2008
  3. Landreth v. MalikNevada Supreme Court · 2011
  4. Westpark Owners' Ass'n v. Eighth Judicial District CourtNevada Supreme Court · 2007
  5. City Plan Development, Inc. v. Office of the Labor CommissionerNevada Supreme Court · 2005

54 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API