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Bally's Grand Hotel & Casino v. Reeves11/26/1997
eeves' "problems owe their etiology" to a previous accident, appears to have accepted a determination made by "the insurer's medical advisor" that "the claimant had a pre-existing condition which was not exacerbated by the most recent incident." The appeals officer affirmed this ruling of the hearing officer. As discussed above, Ms. Reeves was not required to establish her injuries by "objective" medical evidence, Additionally, at the time that Ms. Reeves' industrial claim arose, we had recognized that "'preexisting illness normally will not bar a claim if the employment aggravates, accelerates or combines with the disease to trigger disability or death.'" State Industrial Insurance System v. Kelly, 99 Nev. 774, 775, 671 P.2d 29, 29-30 (1983) (quoting Spencer v. Harrah's, Inc., 98 Nev. 99, 101, 641 P.2d 481, 482 (1982)) .
In Kelly, we adopted the rule that the "claimant has the burden of showing that the claimed disability or condition was in fact caused or triggered or contributed to by the industrial injury and not merely the result of the natural progression of the preexisting disease or condition." Id. at 775-76, 671 P.2d at 30 (citing Arellano v. Industrial Commission, 545 P.2d 446, 452 (Ariz. 1976)). We further recognized in Kelly that "he fact that industrial aggravation may have been but one of several causes producing the symptomatic condition is of no moment. 'An industrially related accident does not have to be the cause of injury or death, but merely a cause. If the job is said to precipitate or accelerate the condition, a causal connection with the work can be found.'" Id. at 776, 671 P.2d at 30 (quoting Harbor Insurance Company v. Industrial Commission, 545 P.2d 458, 461 (Ariz. 1976)). This was the standard in effect at the time that Ms. Reeves' industrial claim arose.
The medical records in this case indicate that Ms. Reeves claims to suffer from both new injuries and aggravating injuries. With respect to those injuries thought by competent medical authority to have been an aggravation of a preexisting condition, the claims administrator, the hearing officer and the appeals officer should have determined whether Ms. Reeves' industrial accident was a cause of the aggravation.
For all of the reasons discussed herein, the judgment of the district court is affirmed; and the matter will, in accordance with the order of the district court, be remanded for reconsideration by Bally's self-insured administrator.
Springer, J.
We concur:
Shearing, C.J.
Rose, J.
Young, J.
Maupin, J.
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