DAY v. WASHOE COUNTY SCH. DIST.

No. 39884.

116 P.3d 68 (2005)

Alfred DAY, Appellant, v. WASHOE COUNTY SCHOOL DISTRICT and CDS Compfirst, Respondents.

Supreme Court of Nevada.

July 28, 2005.


Attorney(s) appearing for the Case

Nancyann Leeder, Nevada Attorney for Injured Workers, Carson City, for Appellant.

McDonald Carano Wilson LLP and Timothy E. Rowe, Reno, for Respondents.

Before MAUPIN, DOUGLAS and PARRAGUIRRE, JJ.


OPINION

MAUPIN, J.

In this appeal, we consider the scope of the Nevada Industrial Insurance Act's provision for claim reopening, NRS 616C.390. This statute allows the reopening of closed workers' compensation claims when the original injury is the primary cause of a worsening of the industrial condition. We hold that a prior determination that an injury was industrially related may not be reconsidered in determining...

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