Clark County v. Bean
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The Supreme Court affirmed the judgment of the district court denying Clark County's petition for judicial review of the decision of an appeals officer reversing Clark County's denial of a retiree's claim for ongoing partial disability benefits, holding that the appeals officer correctly found that the retiree was entitled to benefits based on the wages he was earning at the time he retired.
Brent Bean worked as a Clark County firefighter and retired in 2011. In 2014, Bean was diagnosed with prostate cancer and had part of his prostate removed. Clark County rejected Bean's claim for occupational disease benefits insofar as it sought ongoing permanent partial disability benefits, concluding that because Bean was retired at the time he became permanently partially disabled, he was not earning wages upon which to base a permanent partial disability benefits award. The appeals officer reversed, and the district court rejected Clark County's petition for judicial review. The Supreme Court affirmed, holding that the appeals officer correctly found that compensation for Bean's permanent partial disability rating must be based on the wages he was earning at the time of his retirement.
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