Nevada: Employer, Not Department of Corrections, Responsible for Comp Benefits for Inmate Living at “Half-Way” House

The Supreme Court of Nevada held that statutory definition of a prison “work program” contained in Nev. Rev. Stat. § 616B.028(1) did not include a “half-way” house—a form of work release—where inmates were allowed to live if they were engaged in private employment. Accordingly, where an inmate lived at such a facility and sustained severe injuries while trimming a tree on the property of a full-service car wash where he was employed, the workers’ compensation benefits were the responsibility of the car wash and not the state’s Department of Corrections.

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is the co-author of Larson’s Workers’ Compensation Law (LexisNexis).

LexisNexis Online Subscribers: Citations below link to Lexis Advance. Bracketed citations link to lexis.com.

See Nevada Dep’t of Corr. v. York Claims Servs., Inc., 2015 Nev. LEXIS 32 (May 7, 2015) [2015 Nev. LEXIS 32 (May 7, 2015)]

See generally Larson’s Workers’ Compensation Law, § 64.03 [64.03]

For a more detailed discussion of the case, see http://www.workcompwriter.com/nevada-work-release-inmates-injuries-are-responsibility-of-employer-not-state/

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.

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