Nevada court denies total disability benefits to firefighter with occupational asthma A Nevada appeals court affirmed that a former Las Vegas firefighter, Timothy Gold, is not eligible for permanent total disability benefits despite being diagnosed with occupational asthma. The court ruled that Gold failed to prove his medical restrictions prevented him from performing his job as a firefighter, citing evidence that he could continue working with an inhaler and that his role included duties beyond fire suppression. A Nevada appeals court on Thursday upheld the denial of permanent total disability benefits to Timothy Gold, a retired Las Vegas firefighter who filed aclaim for occupational asthma in 2021. Gold retired in April 2023 and sought permanent total disability benefits, arguing that his inability to perform fire suppression tasks qualified him for the benefits under Nevada law. The city's third-party administrator, CCMSI, initially denied the claim and the subsequent request for total disability benefits. An appeals officer overturned the claim denial but upheld the denial of permanent total disability benefits. Gold then sought judicial review, which the district court denied, and the appeals court affirmed that decision.Court Finds Substantial Evidence Supporting DenialThe court found substantial evidence supporting the appeals officer's conclusion, including Gold's physician's statement that he could continue working as a firefighter with restrictions and an inhaler, and claim forms identifying him as both a firefighter and a paramedic. The court noted that Gold did not present evidence about his specific responsibilities showing that the restrictions prevented him from performing his job.Under Nevada law, firefighters partially disabled by an occupational lung disease may elect permanent total disability benefits if they are unable to perform work as a firefighter. The key question in this case was whether Gold's restrictions-no fire suppression tasks and the need for an inhaler-met that threshold. The court's decision hinged on the distinction between being unable to perform certain tasks and being unable to perform the job as a whole.The court pointed to two specific pieces of evidence: the physician's statement that Gold could continue working as a firefighter, and claim forms listing him as both a firefighter and a paramedic. These forms suggested that his role encompassed duties beyond fire suppression, and Gold did not provide evidence about his actual responsibilities to show that the restrictions prevented him from performing his job. This highlights the importance of detailed job documentation in workers compensation claims.Ruling Reinforces Need for Thorough DocumentationFor employers and third-party administrators like CCMSI, the ruling reinforces the value of thorough claim investigation and documentation. It also signals that courts will defer to appeals officers' findings when supported by substantial evidence. For firefighters and other workers seeking total disability benefits, the case underscores the need to demonstrate that medical restrictions directly preclude all aspects of their job, not just specific tasks.