 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Barrick Goldstrike Mine v. Peterson6/9/2000
Respondent Todd Peterson ("Peterson") failed to comply with NRS 616C.020(1) by not filing his workers' compensation claim within ninety days of suffering a work-related injury . Appellant Barrick Goldstrike Mine ("Barrick") denied Peterson's claim due, in part, to his failure to file a timely claim, and Peterson appealed this decision. A hearing officer and an appeals officer from the Nevada Department of Administration both reversed Barrick's decision and granted Peterson benefits. The district court affirmed the appeals officer's decision and denied judicial review. For the reasons discussed herein, we conclude that the appeals officer interpreted NRS 616C.025(1) erroneously. However, we further conclude that substantial evidence in the record supports the appeals officer's alternative finding that Peterson's failure to comply with NRS 616C.020(1) is excused under NRS 616C.025(2).
FACTS
In 1992, Peterson began working for Barrick as an electrician in the maintenance department. On September 11, 1996, while attempting to lift a boarding ladder onto an electric shovel, Peterson felt a "pop" and an immediate burning sensation in his lower back. Peterson immediately notified his supervisor of the injury . Peterson and his supervisor then together filled out an "Employee's Notice of Injury or Occupational Disease" form. Peterson finished his shift and went home. Peterson had previously scheduled the next three days off from work and believed that his back pain would improve with time and rest.
Peterson still experienced back pain for two to three weeks, but the pain eventually subsided. Peterson later began experiencing pain in his right leg, which he did not associate with the back injury . Because his leg pain progressively worsened, Peterson sought medical treatment on December 31, 1996, from Dr. John Sherwood ("Dr. Sherwood"). Despite treatment, Peterson continued to suffer leg pain.
In March 1997, Dr. Sherwood referred Peterson to Dr. Dennis D. Thoen ("Dr. Thoen") at the Western Neurological Center in Salt Lake City, Utah, for magnetic resonance imaging ("MRI"). The MRI revealed a serious lumbar disk herniation, which his physicians believed was the cause of the leg pain. Dr. Thoen recommended that Peterson undergo surgery. Dr. Sherwood concluded that the back injury and subsequent leg pain resulted from the September 11, 1996, accident. With the assistance of Dr. Sherwood, Peterson filled out a workers' compensation claim on March 24, 1997.
On April 29, 1997, Barrick's insurance administrator denied Peterson's claim on the stated grounds that the injury was not work-related and that Peterson did not formally file the claim for workers' compensation benefits within ninety days of the injury, as required by NRS 616C.020(1). Peterson immediately appealed the insurance administrator's decision.
On July 16, 1997, a hearing officer of the Nevada Department of Administration reversed the insurance administrator's decision and ruled that a preponderance of the evidence demonstrated that Peterson's back injury occurred as a result of his work duties. The hearing officer also ruled that " enefits may not be denied for failure to give timely notice where the mployer had actual notice of injury on date of occurrence." Barrick appealed the hearing officer's ruling.
On December 16, 1997, an appeals officer of the Nevada Department of Administration affirmed the hearing officer's decision. The appeals officer agreed that Peterson did not file an untimely claim because Barrick received actual notice of the injury. The appeals officer concluded that "it is only the failure to . . . both [file a notice of injury and file a workers'
Page 1 2 3 4 5 Nevada Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|