Legal Opinion · Concurrence

Grover C. Dils Medical Center v. Menditto

Nevada Supreme Court

Decided June 9, 2005No. 41732Published

1ConcurrenceMaupin, J.

I concur in the majority analysis of the “last injurious exposure” rule. This latest articulation of the rule clarifies one aspect of a very complex statutory framework for compensating injured Nevada workers.1 I write separately to note my concern over the evolution of that framework, and to urge that the Nevada Legislature commence a reexamination of it.

In Las Vegas Housing Authority v. Root,2 we idealistically observed that “[t]he last injurious exposure rule . . . frees the employee from the burden of allocating responsibility for his disabil*292ity and forestalls any determination regarding…

2Cases cited7 opinions

  1. Construction Industry Workers' Compensation Group Ex Rel. Mojave Electric v. ChalueNevada Supreme Court · 2003
  2. McClanahan v. Raley's, Inc.Nevada Supreme Court · 2001
  3. Ayala v. Caesars PalaceNevada Supreme Court · 2003
  4. State Industrial Insurance System v. BokelmanNevada Supreme Court · 1997
  5. State Industrial Insurance System v. EngelNevada Supreme Court · 1998

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