Buma v. Providence Porp. Dev., 135 Nev. Adv. Op. 60 (Dec. 12, 2019)

The court determined that the Nevada Industrial Insurance Act (NIIA) extends workers’ compensation protections to traveling employees while they are on work trips. The court held that traveling employee cases will use a categorical approach, where workers’ compensation is extended to traveling employees for injuries sustained during activity that can be considered an employment risk or a neutral risk which passes the increased risk test, but not to activities which are considered a personal risk. Activities considered a personal risk fall under the “distinct departure” exception, which requires that no compensation be given for injuries sustained during “personally motivated activities that take the traveling employee on a material deviation in time or space from carrying out the trip’s employment-related objectives.