General Motors v. Jackson

900 P.2d 345, 111 Nev. 1026, 1995 Nev. LEXIS 108
CourtNevada Supreme Court
DecidedJuly 28, 1995
DocketNo. 26016
StatusPublished
Cited by43 cases

This text of 900 P.2d 345 (General Motors v. Jackson) 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
General Motors v. Jackson, 900 P.2d 345, 111 Nev. 1026, 1995 Nev. LEXIS 108 (Neb. 1995).

Opinions

[1027]*1027OPINION

By the Court,

Shearing, J.:

Respondent Lois Jackson suffered a back and hip injury on April 12, 1988, while working at appellant General Motors’ (“GM”) plant in Sparks, Nevada. She failed to file a claim with the State Industrial Insurance System (“SIIS”) until May 2, 1990. SIIS denied her claim on the ground that it was untimely. Jackson appealed the denial to a hearings officer who reversed the SIIS determination. Both SIIS and GM appealed that reversal.

A hearing before an appeals officer was scheduled for February 7, 1991. Attorney Kay Ellen Armstrong was appointed to represent respondent Lois Jackson for the appeal. On the date of the hearing, Jackson and GM and SIIS entered into negotiations [1028]*1028resulting in a stipulated settlement. The settlement provided that the hearing officer’s decision would be vacated and the SIIS determination would be reinstated, i.e., Jackson’s claim would be time-barred. In return, SIIS would pay for a medical evaluation of Jackson to determine her current physical status. The parties agreed that regardless of the outcome of the physical examination, Jackson forfeited her right to assert a claim.

After a magnetic resonance imaging test (MRI) revealed that Jackson had a herniated disc that was probably caused by the April 12, 1988, injury, Jackson called Armstrong and asked that the stipulated settlement be rescinded. Armstrong filed a motion to set aside the stipulated settlement arguing that had Jackson known the results of the MRI, she would not have entered into the stipulated settlement. The appeals officer denied the motion.

Jackson filed a petition for judicial review with the district court, contending that the stipulated settlement should be set aside on the grounds of mutual mistake and legal incapacity. She argued that neither party contemplated that her medical examination would show that her injury was due to the 1988 incident. Jackson also asserted that she lacked the capacity to understand the consequences of the agreement.

The district court determined that there was no mutual mistake because “it was clearly stated at the time of the hearing that regardless of the results of the medical evaluation the agreement was that there would no longer be a SIIS claim for the 1988 injury.” However, the district court remanded the matter to the appeals officer for a determination of Jackson’s capacity to enter into the stipulated settlement because no evidence was presented to the appeals officer on this issue.

On December 15, 1992, the appeals officer held a hearing on the issue of Jackson’s capacity. He determined that the stipulated settlement should be set aside “on the ground that the claimant’s ‘capacity or competence to understand’ the consequences were no greater than the limited nature of the canvass.”

SIIS filed a petition for judicial review of the appeals officer’s decision to set aside the stipulated settlement.1 The district court dismissed the petition and GM filed a notice of appeal.2 On [1029]*1029appeal, GM argues that (1) the district court lacked authority to remand Jackson’s case to the appeals officer for a determination of her capacity, and (2) the appeals officer’s decision is not supported by substantial evidence.

Appellant first asserts that the legislature specifically restricted the district court’s authority to remand cases to the appeals officer for further fact-finding by amending NRS 233B.140. We disagree. The amendment to NRS 233B.140 does not affect the court’s authority; it relates to the procedures available to the parties in the appeal of an administrative agency decision to the district court.

NRS 233B.1353 is the statute governing the district court’s scope of judicial review of administrative agency decisions. The construction of a statute is a question of law. Nyberg v. Nev. Indus. Comm’n, 100 Nev. 322, 324, 683 P.2d 3, 4 (1984). A statute should always be construed to avoid absurd results. Moody v. Manny’s Auto Repair, 110 Nev. 320, 325, 871 P.2d 935, 938 (1993). We hold that the district court has the authority to remand matters to the appeals officer for further fact-finding under NRS 233B.135. NRS 233B.135 expressly states, “[t]he court may remand,” and we interpret this provision to mean that the district court may remand a case for further fact-finding. Construing NRS 233B.135 to limit the district court’s authority to remand for further fact-finding would effect an absurd result. When a party appeals an administrative agency decision, the district court often faces issues which it cannot rule upon because of a lack of evidence in the record. The language in NRS 233B.135 makes clear that the district court may not sit as the fact finder. If the district court cannot remand the matter to an appeals officer, there is no proper forum for the issue. Thus, it is reasonable to conclude that in enacting NRS 233B.135 the legislature intended for the district court to have the power to reverse and remand a decision for a factual determination where there is no evidence on the record to decide the issue.

[1030]*1030This court has also recognized that a reviewing court has the' inherent authority to remand administrative agency cases for factual determinations. Pida v. State, Dep’t of Mtr. Vehicles, 106 Nev. 883, 803 P.2d 229 (1990); SIIS v. Christensen, 106 Nev. 85, 787 P.2d 408 (1990). In both Pida and Christensen, this court remanded matters to the respective administrative agencies for the taking of further evidence where there was no evidence or no record to substantiate the district court’s decision. Pida, 106 Nev. at 884, 803 P.2d at 230; Christensen, 106 Nev. at 88, 787 P.2d at 409.

Jackson raised the issue of her capacity to enter into the settlement agreement in her petition for judicial review before the district court. Accordingly, the district court remanded the matter to the appeals officer for a factual determination of Jackson’s capacity because there was no evidence in the record regarding this issue. We hold that this was the proper procedure.

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Bluebook (online)
900 P.2d 345, 111 Nev. 1026, 1995 Nev. LEXIS 108, Counsel Stack Legal Research, https://law.counselstack.com/opinion/general-motors-v-jackson-nev-1995.