Nevada Supreme Court issues one opinion: workers' compensation

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In Rio All Suite Hotel v. Phillips, the Nevada Supreme Court, in an en banc opinion authored by Justice Hardesty, considers a case in which an employee injured her ankle while descending a staircase at work.  The Court addresses "the standard to be applied to determine whether an employee seeking workers' compensation benefits has demonstrated, pursuant to NRS 616C.150(1), that her injury 'arose out of' her employment.  In situations in which an employee's injury is caused by a neutral risk--a risk that is not personal to the employee or solely employment-related--we adopt the increased-risk test, which evaluates whether the employee was exposed to a risk greater than that faced by the general public.  If so, then the employee's injury is deemed to have arisen out of his or her employment."  The Court finds that the frequency with which the employee was required to use the stairs subjected her to a significantly greater risk of injury than the risk faced by the general public.  

This is the Court's 34th opinion this year.  The Court has issued published opinions in 3 criminal cases.


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This page contains a single entry by JoNell published on September 30, 2010 10:45 AM.

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