Rio All Suite Hotel and Casino v. Phillips, 126 Nev. 346

Summary

The Nevada Supreme Court held that an employee injured by a neutral risk must satisfy the increased-risk test to establish that the injury arose out of employment under NRS 616C.150(1). The court concluded that Kathryn Phillips's repeated, mandatory use of workplace stairs exposed her to a greater risk than that faced by the general public, making her ankle injury compensable. The court affirmed the district court's denial of judicial review of the appeals officer's decision.

Holdings

1. Nevada adopts the increased-risk test for determining whether an injury caused by a neutral risk arose out of employment under NRS 616C.150(1). An employee must show that employment exposed her to a risk greater than that faced by the general public.
2. Phillips's ankle injury arose out of her employment because the mandatory and frequent use of the workplace stairs exposed her to a significantly greater risk of injury than that faced by the general public.
3. Whether a workplace fall is explained or unexplained is irrelevant under the increased-risk test; an unexplained fall may be compensable if the employee establishes that employment exposed her to a risk greater than that faced by the general public.

Questions Presented

1. What test governs whether an injury caused by a neutral risk arose out of employment under NRS 616C.150(1)?
2. Whether Phillips's ankle injury, sustained while repeatedly using a workplace staircase during mandatory breaks, arose out of her employment.
3. Whether an unexplained fall at work may be compensable under Nevada workers' compensation law.

Disposition

affirmed