Tuesday, January 25, 2022 - Las Vegas - J. Gibbons, J. Tao and J. Bulla

Durst vs. Silver State Cultivation, LLC
Docket Number: 81393-COA
Las Vegas (via videoconference) - 11:00 AM - Court of Appeals

Appellant Joel Durst worked as a sales agent for Silver State Relief Cultivation, a marijuana dispensary, when Durst sustained an injury in a physical altercation with a customer. The physical altercation occurred while Durst and his supervisor were escorting the customer from the premises after the customer had a dispute with one of Durst’s co-workers. While Durst and his supervisor were escorting the customer out of the dispensary, the supervisor pushed the customer. Durst contends he feared the customer was going to hit his supervisor, so he restrained the customer in a bear hug, and they moved up against a wall. The customer kicked off from the wall, and both men fell. Durst suffered an injury that required hip surgery. Silver State’s insurer, Liberty Mutual, denied Durst’s workers’ compensation claim. Durst administratively appealed, and the hearing officer reversed and found the injury compensable. Respondents Silver State and Liberty Mutual appealed, and the appeals officer reversed the hearing officer’s ruling, finding that Durst caused the escalation and was not performing his job duties, and therefore the injury did not arise in the course and scope of his employment. Thus, the appeals officer affirmed the insurer’s claim denial. Durst filed a petition for judicial review, which the district court denied.

ISSUES:

Durst now appeals, arguing that the district court erred because the appeals officer misapplied the law as to whether his injury arose out of and occurred in the course of his employment, and erroneously considered Durst’s negligence where Nevada’s workers’ compensation system is a no-fault system.

Disclaimer:

This synopsis is intended to provide only general information about this case before the Court of Appeals. It is not intended to be all-inclusive or reflect all positions of the parties.