 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Washoe County School District v. Bowen9/2/1998
.340, 616C.400, and 616C.475, when read together, define the complete concept of "total disability" under our workers' compensation laws. The School District further contends that Bowen was not entitled to TTD benefits during the 1995 summer recess because she continued to receive a full monthly wage, thus suffering no wage loss, a prerequisite to the right to receive TTD benefits. Bowen argues in response that the income received from the School District during the summer months was actually pre-earned during the nine-month traditional instruction period. Bowen further argues that, because her disability prevented her from earning income from other sources during the summer months of 1995, she was entitled to TTD benefits. We agree.
The Nevada TTD statutory scheme does not expressly prohibit receipt of TTD benefits during periods of inactivity where an employee is compensated on an annualized basis for a fixed period of employment less than one year. Here, the employee pre-earned the installment salary payments made during the summer recess and was incapacitated from accepting seasonal employment as a result of a work-related injury. While the School District correctly notes that no regular salary was lost due to the industrial disability, and while the stated purpose of the TTD payments was to alleviate the loss of sick leave due to work-related injuries, Bowen was rendered unable to pursue summer employment within the meaning of NRS 616A.3403 ("' otal disability'. . .[includes] . . . incapacity . . . which prevents the covered workman from engaging . . . in any occupation"). Thus, an additional statutorily intended purpose exists for the TTD benefits. We, therefore, conclude that Bowen was not prohibited from seeking TTD payments during the 1995 summer recess.
Accordingly, we hereby affirm the lower court's decision. denying judicial review.
J. Shearing, J. Rose, J. Young, & J. Maupin.
Page 1 2 Nevada Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|