Law Offices of Barry Levinson, P.C. v. Milko

OPINION

By the Court,

Hardesty, J.:

Under the Nevada Industrial Insurance Act (NIIA), a workers’ compensation claimant is entitled to benefits for an industrial injury only upon proving that he or she suffered an injury by accident that arose out of and in the course of employment. A workers’ compensation claimant generally must notify his or her employer of a work-related injury, in writing, promptly after an alleged accident. When the claimant files a notice of injury after his or her employment is terminated, a rebuttable presumption is established that the injury did not arise out of or in…