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CONSTRUCTION INDUSTRY WORKERS' v. CHALUE

No. 39363.

74 P.3d 595 (2003)

CONSTRUCTION INDUSTRY WORKERS' COMPENSATION GROUP, on Behalf of its Member, MOJAVE ELECTRIC, Appellant, v. John CHALUE, Respondent.

Supreme Court of Nevada.

August 21, 2003.

Attorney(s) appearing for the Case

J. Michael McGroarty, Chtd., and J. Michael McGroarty, Las Vegas, for Appellant.

Nancyann Leeder, Nevada Attorney for Injured Workers, and Gary T. Watson, Deputy Nevada Attorney for Injured Workers, Carson City, for Respondent.

Before ROSE, MAUPIN and GIBBONS, JJ.

OPINION

PER CURIAM:

This is an appeal from a district court order upholding the decision of an appeals officer that respondent John Chalue provided sufficient evidence to rebut the presumption that marijuana was a proximate cause of his work-related injuries pursuant to NRS 616C.230.1 We agree with the district court that a preponderance of the evidence is the proper evidentiary standard required to rebut the presumption...

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