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Las Vegas, NV (WorkersCompensation.com) -- For those who checked out Chris Parker's Nov. 2 What Do You Think feature, you ran into a helping of the "odd lot" doctrine in Nevada.
So just what does that term refer to?
Under Nevada statutes, the following specified injuries are automatically deemed total and permanent:
(1) The total loss of sight of both eyes.
(2) The loss by separation of both legs at or above the knee.
(3) The loos by separation of both arms at or above the elbow.
(4) An injury to the spin resulting in permanent and complete paralysis of both legs or both arms, or one leg and one arm.
(5) An injury to the skull resulting in incurable imbecility or insanity.
(6) The loss by separation of one arm at or above the elbow, and one leg by separation at or above the knee.
Under the odd lot doctrine, in all other cases, permanent total disability must be determined by the insurer in accordance with the facts presented.
As expressed in Associated Risk Management, Inc. v. Ibanez, 478 P.3d 372 (Nev. 2020), the odd lot doctrine permits a finding of PTD when a worker, while not altogether incapacitated for work, still will not be employed in any "well-known branch" of the labor market due to her disability.
Factors that courts consider in applying the odd lot doctrine include the worker's:
+ Age.
+ Experience.
+ Training.
+ Education.
As explained in Ranieri v. Catholic Community Services, 901 P.2d 158 (Nev. 1995), a worker does not need to be in "a state of utter and abject helplessness to appropriately receive a PTD determination" under the odd lot doctrine.
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About The Author
About The Author
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Frank Ferreri
Frank Ferreri, M.A., J.D. covers workers' compensation legal issues. He has published books, articles, and other material on multiple areas of employment, insurance, and disability law. Frank received his master's degree from the University of South Florida and juris doctor from the University of Florida Levin College of Law.
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