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Barrick Goldstrike Mine v. Peterson6/9/2000
and the appeals officer would then reverse the insurer's decision and accept the excuse.
Accordingly, we now clarify our decision in Bally's and conclude that NRS 616C.025(2) does not require remand to the insurer in all cases. Thus, in light of Barrick's concession and the appeals officer's alternative ruling, we further conclude that remanding the case to Barrick's insurer risks non-compliance with the legislature's declaration and would merely serve to foster needless and continued litigation at that level. Consequently, we conclude that the appeals officer properly considered Peterson's excuse de novo and that substantial evidence in the record supports the appeals officer's alternative finding that Peterson's failure to file a timely claim for compensation is excused under NRS 616C.025(2). See Bally's, 113 Nev. at 929-30 n.4, 948 P.2d at 1203 n.4.
CONCLUSION
Although the appeals officer erroneously interpreted NRS 616C.025(1), we conclude that substantial evidence in the record supports the appeals officer's alternative ruling that Peterson's failure to comply with NRS 616C.020(1) is excused under NRS 616C.025(2). Accordingly, we affirm the order of the district court.
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