12 research outputs found
City of Henderson v. Spangler, 136 Nev. Adv. Op. 25 (May 14, 2020)
City of Henderson Police Officer Jared Spangler sought workersâ compensation benefits, alleging that workplace conditions aggravated his significant loss of hearing. Multiple medical experts opined that Spanglerâs hearing loss likely preexisted his employment, but that the workplace conditions increased his symptoms. However, the Cityâs compensation administrator denied Spanglerâs claim because Spangler failed to show that his symptoms arose out of his employment. The appeals officer affirmed the decision, but the district court reversed.
On review, the Nevada Court of Appeals first determined that Spangler alleged an âoccupational diseaseâ and not an âaccidental injury.â Second, they clarified two historical uses of the word âpreexistingââone meaning preexisting the claim, the other meaning preexisting the employment. Third, they discovered that Spanglerâs claim was governed by NRS 617.366(1), which provides that a preexisting condition could be compensable if an occupational disease aggravates the condition. Finally, they determined that the appeals officerâs decision to deny the claim was based on (1) an erroneous interpretation of the relevant statutes, and (2) a failure to apply NRS 617.366(1). Spangler needed only to show that his preexisting condition was aggravated by an occupational disease. Thus, the court affirmed the district courtâs reversal and remanded for further proceedings