Construction Industry Workers' Compensation Group Ex Rel. Mojave Electric v. Chalue

OPINION

This is an appeal from a district court order upholding the decision of an appeals officer that respondent John Chalue provided sufficient evidence to rebut the presumption that marijuana was a proximate cause of his work-related injuries pursuant to NRS 616C.230. We agree with the district court that a preponderance of the evidence is the proper evidentiary standard required to rebut the presumption. Substantial evidence existed to support the decision of the appeals officer; therefore, Chalue is entitled to the appropriate workers’ compensation benefits provided by Construction…