Magnifying Glass
yes 941500 640
Back to Archives

How the Court Ruled

10 Jul, 2023 Chris Parker

yes 941500 640
                               

If you chose B, you sided with the court in Nickey v. Saint Rose Dominican Hosp., No. 84688-COA (Nev. Ct. App. 06/28/23), which held that the nurse’s injury arose out of personal, not work-related circumstances. 

The court pointed out that the video showed the nurse was animated and closely approached the patient, and that at the time, the patient was seated and made no attempt to get up. 

“[The nurse] got within one foot of the [the patient’s] face for no medical reason before the patient slapped her,” the court wrote. Because the nurse did not need to take such action to perform her job, she was exceeding her employment when she was injured. 

Because the evidence indicated that the nurse escalated the situation and created an unnecessary confrontation which resulted in her injury, her injury did not arise out of her employment and was not compensable under Nevada workers’ compensation law. 

    • Read Also

    Autonomous Vehicles When? Thoughts and Commentary

    One of the biggest challenges that our society will experience in the next generation will be to transition from human driven cars to autonomous vehicles (AV). One only has to listen to the Beach Boys […]
    Employees Killed in Work Accidents Across Multiple States 

    Montgomery, MN (WorkersCompensation.com) – A food worker died in a warehouse accident last week, one of several industrial accident that took the lives of workers over the past few weeks.   The worker, an employee at […]
    Study Suggests Digital Tools Improve Pain Related Disability In Total Knee Replacement Patients

    Sarasota, FL (WorkersCompensation.com) – With an increase in life expectancy, as well a surge in the age of workers over the age of 65, the numbers of patients with Osteoarthritis (OA) is rising as well.  […]

    About The Author

    • Chris Parker

    More by This Author

    What Do You Think: Was Walmart Worker’s Injury Description too Fishy to Hook Benefits?

    Moundsville, WV (WorkersCompensation.com) – An employee may not obtain workers’ compensation benefits for an injury unless he can show it occurred in the course of employment. A case involving a Walmart worker addresses a situation […]
    What Do You Think: Was Nurse Liaison’s COVID-19 too Common to be ‘Occupational Disease’?

    Omaha, NE (WorkersCompensation.com) – In Nebraska, an ordinary disease of life that everyone is exposed to, such as the flu, is generally not a compensable occupational disease. But what if the disease goes from being […]
    What Do You Think: Did PTSD from Bodily Fluids Render Hospital Employee Permanently Unable to Work?

    New Orleans, LA (WorkersCompensation.com) – In Louisiana, an employee has the burden of showing that he can no longer work and is thus entitled to permanent total disability benefits. A case involving an employee for the […]

    Read More

    Autonomous Vehicles When? Thoughts and Commentary

    One of the biggest challenges that our society will experience in the next generation will be to transition from human driven cars to autonomous vehicles (AV). One only has to listen to the Beach Boys […]
    Employees Killed in Work Accidents Across Multiple States 

    Montgomery, MN (WorkersCompensation.com) – A food worker died in a warehouse accident last week, one of several industrial accident that took the lives of workers over the past few weeks.   The worker, an employee at […]
    Study Suggests Digital Tools Improve Pain Related Disability In Total Knee Replacement Patients

    Sarasota, FL (WorkersCompensation.com) – With an increase in life expectancy, as well a surge in the age of workers over the age of 65, the numbers of patients with Osteoarthritis (OA) is rising as well.  […]
    How Wearable Tech and Virtual Care are Transforming Claims, from Engagement to Outcomes 

    Sarasota, FL (WorkersCompensation.com) — Last week’s National Workers’ Compensation and Disability Conference in Las Vegas set the stage for an impactful dialogue about the transformational potential of wearable technology and virtual care in the workers’ […]
    What Do You Think: Was Firing Nurse who Lost Fight with Door WC Retaliation? 

    Belleville, NJ (Workerscompensation.com). An employer’s action during the period after which an employee reports an injury and the date she is fired can go a long way to either showing retaliation or negating it.   A […]
    How the Court Ruled

    If you chose B, you sided with the court in Herron v. New York City Transit, No. 22-989-cv (2d Cir. 06/30/23), which held that the worker failed to show that the Authority’s explanation for firing him […]

    Request a Demo

    To request a free demo of one of our products, please fill in this form. Our sales team will get back to you shortly.