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- WORKERS’ COMPENSATION (2)
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Articles 1 - 10 of 10
Full-Text Articles in Law
White V. State Of Nevada, 135 Nev. Adv. Op. 67 (Dec. 26, 2019), Katrina Fadda
White V. State Of Nevada, 135 Nev. Adv. Op. 67 (Dec. 26, 2019), Katrina Fadda
Nevada Supreme Court Summaries
No abstract provided.
Buma V. Providence Porp. Dev., 135 Nev. Adv. Op. 60 (Dec. 12, 2019), E. Sebastian Cate-Cribari
Buma V. Providence Porp. Dev., 135 Nev. Adv. Op. 60 (Dec. 12, 2019), E. Sebastian Cate-Cribari
Nevada Supreme Court Summaries
The court determined that the Nevada Industrial Insurance Act (NIIA) extends workers’ compensation protections to traveling employees while they are on work trips. The court held that traveling employee cases will use a categorical approach, where workers’ compensation is extended to traveling employees for injuries sustained during activity that can be considered an employment risk or a neutral risk which passes the increased risk test, but not to activities which are considered a personal risk. Activities considered a personal risk fall under the “distinct departure” exception, which requires that no compensation be given for injuries sustained during “personally motivated activities …
City Of Reno V. Joy Yturbide, 135 Nev. Adv. Op. 14 (May 2, 2019), Gabrielle Boliou
City Of Reno V. Joy Yturbide, 135 Nev. Adv. Op. 14 (May 2, 2019), Gabrielle Boliou
Nevada Supreme Court Summaries
The Court held that a compensation insurer may not reduce the 25 percent limit on lump-sum payments for an employee’s permanent disability award on different subsequent injuries. The court affirmed the district court’s denial of appellants’ petition for judicial review.
N. Lake Tahoe Protection Dist. V. Bd. Of Admin., 134 Nev. Adv. Op. 93 (Dec. 6, 2018) (En Banc), Hannah Nelson
N. Lake Tahoe Protection Dist. V. Bd. Of Admin., 134 Nev. Adv. Op. 93 (Dec. 6, 2018) (En Banc), Hannah Nelson
Nevada Supreme Court Summaries
The Court determined that NRS 616B.578(4) does not require an employer to know the precise medical terminology for an employee’s permanent physical impairment before the subsequent injury. However, the statute requires that an employee’s preexisting permanent physical impairment be fairly and reasonably observed from a written record and the impairment must amount to at least 6% whole person impairment.
Sargeant V. Henderson Taxi, 133 Nev. Adv. Op. 27 (June 1, 2017), Ping Chang
Sargeant V. Henderson Taxi, 133 Nev. Adv. Op. 27 (June 1, 2017), Ping Chang
Nevada Supreme Court Summaries
The Court determined that (1) a summary judgment is proper when the opposing party did not file a substantive opposition to the motion for summary judgment and (2) a class certification is inappropriate when the plaintiff/appellant did not meet the burden of demonstrating “numerosity, commonality, and typicality,” and the ability to “fairly and adequately” represent the class members when an earlier-filed grievance between the union and taxi company resolved the minimum wage back-pay dispute at issue.
Poremba V. S. Nev. Paving; And S&C Claims Servs., Inc. 132 Nev. Ad. Op. 24 (April 7, 2016), Baylie Hellman
Poremba V. S. Nev. Paving; And S&C Claims Servs., Inc. 132 Nev. Ad. Op. 24 (April 7, 2016), Baylie Hellman
Nevada Supreme Court Summaries
The Court considers an appeal from a district court order. The Court clarified that medical treatment is not the only expense on which a workers’ compensation claimant is permitted to exhaust his or her settlement funds. Reversed and remanded with instructions.
Goodwin V. Jones, 132 Nev. Adv. Op. 12 (Mar. 03, 2016), Rob Schmidt
Goodwin V. Jones, 132 Nev. Adv. Op. 12 (Mar. 03, 2016), Rob Schmidt
Nevada Supreme Court Summaries
The Court of Appeals held that because the employee did not provide sufficient evidence to demonstrate she made a reasonable, good-faith attempt to maintain her certification, the employee’s failure to maintain certification required by her employer constituted misconduct within the meaning of NRS 612.385.
State, Emp’T. Sec. Div. V. Murphy, 132 Nev. Adv. Op. 18 (Dec. 17, 2015), Michael Coggeshall
State, Emp’T. Sec. Div. V. Murphy, 132 Nev. Adv. Op. 18 (Dec. 17, 2015), Michael Coggeshall
Nevada Supreme Court Summaries
The Court determined that employees who are terminated from employment for absence due to incarceration, and are later convicted of a crime, are not eligible for unemployment benefits. These employees are contrasted with those who are incarcerated, but remained incarcerated due to indigence, or were not convicted due to unsupported charges. The latter group may be eligible for unemployment benefits.
Mensah V. Corevel Corp., 131 Nev. Adv. Op. 60 (Aug. 06, 2015), Jaymes Orr
Mensah V. Corevel Corp., 131 Nev. Adv. Op. 60 (Aug. 06, 2015), Jaymes Orr
Nevada Supreme Court Summaries
The Court held self-employed workers may still be entitled to temporary disability and the employee’s lost wages should be calculated by considering business income and losses and not strictly evidence of a traditional salary
Summary Of Ndoc V York Claims Serv., Inc., 131 Nev. Adv. Op. 25 (May 07, 2015), Janine Lee
Summary Of Ndoc V York Claims Serv., Inc., 131 Nev. Adv. Op. 25 (May 07, 2015), Janine Lee
Nevada Supreme Court Summaries
NRS 616B.028(1) entitles “[a]ny offender confined at the state prison, while engaged in work in a prison industry or work program” to coverage under the modified program of industrial insurance adopted by the Nevada Division of Insurance. The term “work program” in NRS 616B.028(1) does not apply to individuals who are participating in a work release program.