JOHN HOLGUIN v. CITY OF HENDERSON AND CCMSI (2026)

ORDER GRANTING PETITION FOR REHEARING, WITHDRAWING OPINION, AND SUBSTITUTING ORDER OF REVERSAL AND REMAND

On November 13, 2025, we issued an opinion affirming the district court's denial of a petition for judicial review in a workers’ compensation case, wherein an appeals officer denied correctional officer John Holguin's claim for occupational lung disease. Holguin v. City of Henderson, 141 Nev., Adv. Op. 53, 578 P.3d 965 (2025). We concluded that although NRS 617.455(5) entitled Holguin to a conclusive presumption that his lung disease arose out of and in the course of his employment based on his years of full-time and continuous service, he did not show that his lung disease was caused by exposure to heat, smoke, fumes, tear gas, or other noxious gases, as required by the plain language of NRS 617.455(1). Id. at 968-70. Holguin then petitioned for rehearing under NRAP 40(a) after the legislature passed Senate Bill 7 (S.B. 7), which amended the at-issue provisions of NRS 617.455. S.B. 7 was signed by the governor and became effective on November 29, 2025. 2025 Nev. Stat., ch. 13, § 1 (36th Spec. Sess. 2025); S.B. 7, 36th Leg. Spec. Sess. (Nev. 2025).

The amended NRS 617.455(5) provides that “a disease of the lungs is not required to be caused by exposure to heat, smoke, fumes, tear gas, or any other noxious gases and is conclusively presumed to have arisen out of and in the course of the employment” of a person who meets the full-time and continuous service requirements. 2025 Nev. Stat., ch. 13, § 1 (36th Spec. Sess. 2025) (emphasis added). Further, the amended NRS 617.455(1) explicitly exempts from its exposure requirement individuals who satisfy subsection 5's conclusive presumption. 2025 Nev. Stat., ch. 13, § 1 (36th Spec. Sess. 2025). Section 2 of S.B. 7 provides that “[t]he amendatory provisions of section 1 of this act apply retroactively to claims filed on or before the effective date of this act.” 2025 Nev. Stat., ch. 13, § 2 (36th Spec. Sess. 2025). Therefore, the amended version of NRS 617.455 applies to Holguin's claim. Pub. Emps.’ Benefits Program v. Las Vegas Metro. Police Dep't, 124 Nev. 138, 155, 179 P.3d 542, 553 (2008) (“[W]hen the Legislature intends retroactive application, it is capable of stating so clearly.”).

Because amended NRS 617.455 is “a new rule of law, directly controlling on the disposition of the issues in the case,” we grant the petition for rehearing. NRAP 40(a)(3). NRS 617.455’s new language removes the basis for our previous interpretation of the statute, which supported affirming the denial of Holguin's claim. Under the amended statute, Holguin's entitlement to NRS 617.455(5)’s conclusive presumption plainly exempts him from subsection 1's exposure requirement. He has thus established a compensable occupational lung disease claim under the amended statute, warranting reversal of the appeals officer's determination. Accordingly, we direct the clerk of this court to withdraw from publication our November 13, 2025, opinion in this matter. In substitution, we hereby reverse the district court order denying Holguin's petition for judicial review and remand for proceedings consistent with this order.

It is so ORDERED.

Pickering, J.

Cadish, J.

Lee, J.