Dorion v. Bell Telephone Co. of Nevada

Nevada Supreme Court

Dorion v. Bell Telephone Co. of Nevada

714 P.2d 174, 102 Nev. 5, 1986 Nev. LEXIS 1102

CourtNevada Supreme Court

DecidedFebruary 20, 1986

DocketNo. 16231

StatusPublished

Cited by2 cases

This text of 714 P.2d 174 (Dorion v. Bell Telephone Co. of Nevada) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dorion v. Bell Telephone Co. of Nevada, 714 P.2d 174, 102 Nev. 5, 1986 Nev. LEXIS 1102 (Neb. 1986).

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Opinion

[6]*6OPINION

Per Curiam:

This appeal is from a summary judgment in favor of Bell Telephone Company of Nevada and against appellant Dorion, an industrial injury claimant claiming under a disability plan governed by the Employee Retirement Income Security Act (ERISA).

Dorion’s claim for industrial compensation was denied by an Employees’ Benefit Committee acting in accordance with Nevada Bell’s employee disability benefits plan.

The only issue which we address relates to the availability of procedural safeguards on denial of compensation in benefits for employees of self-insured employers. This case arose in 1978 prior to the 1979 legislative enactment of procedures which adequately protected claimants of this kind. No such protections were in place in 1978. Justice and fairness require that these protections be applied retrospectively; therefore, we reverse the judgment and remand to the district court with instructions that the district court order that Dorion’s entitlement to disability compensation be considered anew under the State Industrial Insurance Act in accordance with NRS 616.272. After a final determination has been made at the administrative level, judicial review may be exercised if appropriately requested by one of the parties.

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[6]*6OPINION

Per Curiam:

This appeal is from a summary judgment in favor of Bell Telephone Company of Nevada and against appellant Dorion, an industrial injury claimant claiming under a disability plan governed by the Employee Retirement Income Security Act (ERISA).

Dorion’s claim for industrial compensation was denied by an Employees’ Benefit Committee acting in accordance with Nevada Bell’s employee disability benefits plan.

The only issue which we address relates to the availability of procedural safeguards on denial of compensation in benefits for employees of self-insured employers. This case arose in 1978 prior to the 1979 legislative enactment of procedures which adequately protected claimants of this kind. No such protections were in place in 1978. Justice and fairness require that these protections be applied retrospectively; therefore, we reverse the judgment and remand to the district court with instructions that the district court order that Dorion’s entitlement to disability compensation be considered anew under the State Industrial Insurance Act in accordance with NRS 616.272. After a final determination has been made at the administrative level, judicial review may be exercised if appropriately requested by one of the parties.

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Bluebook (online)

714 P.2d 174, 102 Nev. 5, 1986 Nev. LEXIS 1102, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dorion-v-bell-telephone-co-of-nevada-nev-1986.

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