Oral argument calendar: Feb. 2

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Crawford & Co. v. Strong-Puzey,

Docket No. 52282

Carson City - 10:00 a.m. - Justices Cherry, Saitta, and Gibbons

This case involves a workplace injury and whether an injured party who accepts a lump-sum settlement can reopen the claim.  In the underlying case, Connie Strong-Puzey underwent surgery on her ankle to repair damage caused by a workplace injury.  During the surgery, Strong-Puzey experienced a low level of oxygen saturation.  Following surgery, she demonstrated a marked change in her behavior and a decline in both her mental and physical health.  Nevertheless, Strong-Puzey elected to receive a lump-sum permanent partial disability award from her employer, which limited her ability to reopen her workers' compensation claim unless she developed new injuries or a change in circumstance.  After accepting this award, Strong-Puzey was diagnosed with hypoxic encephalopathy, which a neurologist connected to a lack of oxygen during surgery.  Strong-Puzey sought to reopen her claim but the appeals officer denied her request.  Strong-Puzey then sought judicial review in the district court in Carson City.  The district court granted her petition and ordered her claim be reopened.  This is an appeal of the district court decision. ISSUES:  Whether a claimant who has knowledge of a condition--but accepts a lump-sum settlement--can then reopen that claim based on a change of circumstances or newly acquired injury.  Whether the district court erroneously substituted its judgment for that of the appeals officer.

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This page contains a single entry by JoNell published on January 26, 2010 8:16 AM.

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