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Maxwell v. SIIS3/24/1993
ries. We accept that mandate, and we decline to construe NRS 616.605 in a manner which distorts the legislature's will.
Lower Back Impairment
In Southwest Gas v. Woods, 108 Nev. 11, 823 P.2d 288 (1992), we stated that “an appeals officer renders the final administrative decision on all questions of fact, including the proper percentage of PPD [permanent partial disability].” Id. at 14, 823 P.2d at 290 (citation omitted). We further stated: “Administrative agencies may receive and weigh evidence and a reviewing court may not substitute its judgment on questions of fact. The findings of the appeals officer will not be set aside absent a showing that they are against the manifest weight of the evidence.” Id. at 15, 823 P.2d at 290 (citation omitted). Review of an appeals officer's decision is limited to determining whether there was substantial evidence in the record to support the appeals officer's decision. SIIS v. Christensen, 106 Nev. 85, 87-88, 787 P.2d 408, 409 (1990). Substantial evidence is “that quantity and quality of evidence which a reasonable man could accept as adequate to support a conclusion.” State, Emp. Security v. Hilton Hotels, 102 Nev. 606, 608 n.1, 729 P.2d 497, 498 n.1 (1986) (quoting Robertson Transp. Co. v. P.S.C., 159 N.W.2d 636, 638 (Wis. 1968)). Neither this court nor the district court may substitute its judgment for that of the appeals officer as to the weight of the evidence on questions of fact, and the decision of the appeals officer may only be reversed if it is clearly erroneous or arbitrary and capricious. Christensen, 106 Nev. at 87, 787 P.2d at 409.
The district court reversed the appeals officer's award for lower back impairment because the district court found Maxwell had a pre-existing degenerative arthritic lower back condition, and Maxwell failed to show any injury caused or exacerbated by her industrial accident. Maxwell contends there was sufficient evidence to support the appeals officer's award for lower back
[109 Nev. 327, Page 332]
impairment, and therefore the district court erred in reversing the appeals officer's decision. In SIIS v. Khweiss, 108 Nev. 123, 825 P.2d 218 (1992), we stated: The claimant has the burden of showing that the claimed disability or condition was in fact caused or triggered or contributed to by the industrial injury and not merely the result of the natural progression of pre-existing disease or condition. Id. at 126, 825 P.2d 220 (quoting State Industrial Insurance System v. Kelly, 99 Nev. 774, 775-76, 671 P.2d 29, 30 (1983)).
Two non-rating physicians, Drs. Brandner and Nogueira, diagnosed Maxwell as suffering from chronic lumbosacral strain. Both of these physicians linked the lumbosacral strain to Maxwell's industrial accident, although each recognized that Maxwell also suffered from an unrelated, pre-existing degenerative arthritic condition in her lower back. Upon examining Maxwell for purposes of rating her permanent partial disability, Dr. Molzen recommended awarding Maxwell a three percent whole person impairment for her lower back injury. This recommendation was based on Maxwell's loss of strength in her lower back, which Dr. Molzen found to be causally related to the industrial accident. Dr. Kudrewicz recommended awarding Maxwell a one percent whole body impairment based upon a loss of range of motion in her lumbosacral spine. Dr. Kudrewicz diagnosed Maxwell's lower back condition as mild chronic lumbosacral strain and found it was caused by the industrial accident.
There was abundant evidence before the appeals officer that Maxwell's lower back impairment resulted from her industrial accident. Maxwell's permanent partial disability award for l
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