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RIO ALL SUITE HOTEL AND CASINO v. PHILLIPS

No. 53191.

240 P.3d 2 (2010)

RIO ALL SUITE HOTEL AND CASINO; and Sedgwick CMS/Cannon Cochran Management Services, Inc., Appellants, v. Kathryn PHILLIPS, Respondent.

Supreme Court of Nevada.

September 30, 2010.

Attorney(s) appearing for the Case

Lewis Brisbois Bisgaard & Smith LLP and J. Michael McGroarty , Las Vegas, for Appellants.

Evan Beavers , Nevada Attorney for Injured Workers, and Gary T. Watson , Deputy Attorney for Injured Workers, Carson City, for Respondent.

Before the Court En Banc.

OPINION

By the Court, HARDESTY, J.:

While descending a staircase at work, respondent Kathryn Phillips injured her ankle on one of the steps. In this appeal, we address the standard to be applied to determine whether an employee seeking workers' compensation benefits has demonstrated, pursuant to NRS 616C.150(1), that her injury "arose out of her employment. In situations in which an employee's injury is caused by a neutral risk—a risk that...

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