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Washoe County School District v. Bowen9/2/1998
Peggy Bowen ("Bowen") is a school teacher employed by the Washoe County School District ("School District") . The School District utilizes a standard contract requiring 183 days of service in return for a salary annualized over twelve months. Bowen teaches during the traditional school year from September through May, with recesses during the three summer months.
FACTS
In April of 1995, Bowen underwent surgery in connection with a compensable work-related injury. She was temporarily disabled thereafter, until released for return to her teaching duties in late August of 1995. Throughout the entire period of her disability, including the months when school was not in session, the School District paid Bower, her full monthly wage.
During the months school was in session, Bowen also received Temporary Total Disability ("TTD") payments, which she tendered back to the School District. This enabled her to receive credit against any sick leave used as a result of her injury. However, when the regular nine-month school year concluded, the School District terminated Bowen's TTD benefits. The School District justified this position on the grounds that Bowen suffered no wage losses during the summer because (1) she continued to receive her pay and (2) her sick leave accumulations were unaffected during the recess.
Bowen also held positions with the Nevada State Board of Education ("Board of Education") and the Nevada State Indian Commission ("Indian Commission"). Although she worked at these positions throughout the entire year of 1995, Bowen opted not to collect the additional income from these endeavors between April and October because of her concern that the School District would refuse payment of her TTD benefits. In subsequent legal proceedings, the School District asserted that her voluntary choice to forego the income did not compel finding of statutory disablement.
Bowen challenged the School District's denial of TTD benefits during the summer months. The Department of Administration hearing officer affirmed the School District's termination of TTD benefits, concluding that Bowen's continued receipt of regular paychecks mandated a finding that there was no wage loss for the purpose of NRS 616.585, the Nevada TTD statute.
Thereafter, an appeals officer reversed the hearing officer's decision and ordered the School District to pay TTD benefits through the summer recess, ending August 21, 1995.
The district court denied the School District's petition for judicial review because Bowen's temporary disability precluded her from obtaining summer employment. The district court reasoned that, although Bowen received her salary in twelve monthly installments, her salary was actually earned during the 183-day school year; thus, because she had pursued independent employment during prior summer recesses, her temporary disability did not cease for compensation purposes during the 1995 summer recess.
DISCUSSION
The sole issue on appeal is whether an injured classroom instructor who is unable to engage in seasonal work during a summer recess, is entitled to receive temporary total disability benefits during the recess under NRS 616C.475, 616A.340, and 616C.400.
Because this matter requires an interpretation of the statutory scheme for payment of disability benefits, we choose to undertake an independent review and address this matter anew. State v. State Engineer, 104 Nev. 709, 766 P.2d 263 (1988).
The School District concedes that Nevada's statutory scheme does not specifically define temporary total disability in one specific statute. However, it does contend that NRS 616A
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