120 P.3d 410 (2005) Oscar HOWARD, Appellant, v. CITY OF LAS VEGAS, Respondent. No. 42652. Supreme Court of Nevada. October 6, 2005. Greenman Goldberg Raby & Martinez and Lisa M. Anderson and John A. Greenman, Las Vegas, for Appellant. Santoro, Driggs, Walch, Kearney, Johnson & Thompson and Daniel L. Schwartz, Las Vegas, for Respondent. Before ROSE, GIBBONS and HARDESTY, JJ. OPINION HARDESTY, J. In this opinion, we consider the extent to which a firefighter who retires and, thereafter, suffers a heart attack, is entitled to temporary total disability benefits. Although Nevada law is clear that retired firefighters who sustain a disability post-retirement are entitled to medical benefits,[1] we conclude that the Legislature's method for calculating compensation precludes an award for temporary total disability benefits when the retired firefighters are not earning wages at the time of the disability. FACTS AND PROCEDURAL HISTORY Appellant Oscar Howard was employed continuously for over twenty-five years with the Las Vegas Fire Department. Eight years after Howard retired, he suffered a heart attack and filed a claim for temporary total disability benefits with the respondent City of Las Vegas (the city). After the city denied his claim, Howard filed an administrative *411 appeal. The appeals officer affirmed the denial of disability benefits, concluding that since Howard was retired at the time of the heart attack, he was not actually incapacitated from any employment and had no calculable average monthly wage. In a subsequent petition for judicial review, the district court affirmed the appeals officer's decision. Howard appeals. DISCUSSION This court's scope of review of an administrative decision is the same as that of the district court. Generally, we are limited to determining, based on the record, whether the administrative body abused its discretion.[2] Questions of law, however, we review de novo.[3] NRS 617.457(1) creates a conclusive presumption that heart disease in firefighters who are employed for five or more years in a "continuous, uninterrupted and salaried" position is an occupational disease arising out of and in the course of employment. In Gallagher v. City of Las Vegas, we held that NRS 617.457(1)'s conclusive presumption applies even when the heart disease is not discovered until after a firefighter has retired.[4] Consequently, we stated that firefighters with heart diseases are "entitled to occupational disease benefits as a matter of law."[5] Howard was employed in a continuous, uninterrupted and salaried firefighter position for more than five years. Accordingly, the law entitles him to NRS 617.457's conclusive presumption that his heart condition is an occupational disease arising out of and in the course of his employment. While he is entitled to medical benefits, we must, however, conclude that this entitlement does not extend to temporary total disability benefits because of the Legislature's method for calculating the average monthly wage. Temporary total disability benefits are paid at the rate of sixty-six and two-thirds percent of the claimants' average monthly wage.[6] NRS 617.420 requires that disability compensation be computed starting on the date of disability, providing: No compensation may be paid …
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