Askeroth Law Group - May 2020

BRAIN WORK

WORKERS’ COMP CORNER Understanding the Nevada Stress Injury Statute

GRILLED PRIME RIB

Inspired by Primal Palate

Ingredients

Anyone can experience a stressful work environment, no matter where they’re employed. Stress and work often go hand in hand, unfortunately. However, under Nevada law, a person must meet specific requirements to file a valid stress claim under a workers’ compensation case. Under the Nevada Stress Claim Statute, any stress condition “caused by any gradual mental stimulus” is excluded from coverage. This means that most mental conditions caused by anxiety or stress due to a difficult work environment are generally not covered. The statute, found in 616C.180, explains how one might qualify for a stress claim under Nevada law. Here are some of the important criteria for a valid stress claim. First, the employee must have had a mental injury caused by extreme stress in a time of danger. Second, the primary cause of the injury must be an event that arose out of or during the course of employment. And lastly, the stress must not be caused by a layoff, termination, or any disciplinary action. Usually, when litigating this issue, the acceptance of the claim turns on the first factor: whether the injury was caused by extreme stress in time of danger.

Again, gradual accumulation of stress caused by a difficult work environment is not covered by workers’ comp. For example, say you have a boss who is causing you stress because they are overdemanding, inconsiderate, or just plain rude. Their behavior causes unnecessary stress and anxiety. While the situation might cause you anxiety, it’s not likely to be covered under a stress claim through workers’ compensation. However, if police officers find themselves involved in an on-duty shooting and witnesses to a traumatic incident, they would likely have a viable stress claim under the statute because this would be considered an event of extreme stress in a time of danger. In sum, it’s generally difficult to get a stress claim accepted under Nevada law unless the employee has been exposed to a traumatic event. The usual stress and anxiety caused by a toxic work environment generally does not qualify. However, if you have any questions regarding such a workplace, you should talk with a lawyer as you may qualify for relief or compensation under other laws outside of workers’ compensation.

1 1/2 lbs beef rib roast

1 tsp Himalayan salt

1/2 tsp black pepper

Directions

1. Take rib roast out of the refrigerator 30 minutes prior to grilling.

2. Season roast with salt and pepper and allow it to rest for 10 minutes while you heat a gas grill to 600 F.

3. Sear roast for 3–4 minutes on each side.

4. Turn off the grill but continue cooking the steak, flipping every 4–5 minutes, until it reaches an internal temperature of 125 F. Remove from grill. 5. Allow the roast to rest — its internal temperature will continue to climb — for 5–10 minutes. Slice and serve.

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