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The fact that a retired Nevada firefighter had no actual "wages" to replace, since his diagnosis for prostate cancer came three years after his retirement, did not mean he should not be awarded disability benefits based upon the wages he was earning at the time of that retirement, held the Supreme Court of Nevada. Analyzing two prior decisions, the Court said death benefits were not limited based upon the amount of work that was missed. Accordingly, here, the retired firefighter need not show that he was trying to replace lost wages.
Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is co-author of Larson’s Workers’ Compensation Law (LexisNexis).
LexisNexis Online Subscribers: Citations below link to Lexis Advance.
See Clark County v. Bean, 2020 Nev. LEXIS 61 (Oct. 8, 2020)
See generally Larson’s Workers’ Compensation Law, § 81.01.
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law
For a more detailed discussion of the case, see
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