Southwest Gas Corp. v. Woods

OPINION

The sole issue on appeal is whether an appeals officer, acting prior to July 5, 1991, abused his discretionary authority, as provided in NRS 616.5426(3) of the Nevada Industrial Insurance Act, in choosing to accept substantive testimony from a certified rating physician selected by a claimant. We conclude that he did not.

THE FACTS

On January 31, 1989, Bruce Lee Woods (“Woods”) injured his lower back on the job while he was employed by Southwest Gas Corporation (“Southwest Gas”). Following the incident, Southwest Gas referred Woods to David Toeller, D.O., a certified rating physician…