Recently the Nevada Supreme Court ruled on a case involving the Rio All Suites Hotel & Casino and an employee who was injured on the job. Kathryn Phillips, an employee at the casino for 17 years, walked up and down two flights of stairs six times every eight-hour shift. One day she fell down them and fractured her ankle. Her workers compensation claim was denied and she was forced to take her case to court.
The lawsuit made its way to the Nevada Supreme Court at the end of 2010 and the decision from a lower court was upheld. The Courts ruled that she deserved to receive her benefits. The frequency in which she was required to use the stairs put her at a greater risk of injury than faced by the general public. An “increased risk test” should be used to determine whether an employee is entitled to benefits when injured on the job.
The full article is featured in the Las Vegas Sun: Court Rules in Las Vegas Casino Industrial Injury Case.
The law firm of Lagomarsino Law did not represent Ms. Phillips at any stage in her case. The above-article is for educational discussion purposes only.
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