Liberty Mut. v. Thomasson

Respondent filed a workers’ compensation claim for an injury he received when slipping down a flight of stairs. Liberty Mutual, Respondent’s employer’s workers’ compensation insurer, denied the claim. A hearing officer with the Department of Administration affirmed, but an appeals officer reversed the claim denial. Liberty Mutual subsequently filed a petition for judicial review in the Second Judicial District Court. Respondent filed a motion to dismiss the petition because Liberty Mutual was not a resident of Washoe County, and therefore the petition did not comply with Nev. Rev. Stat. 233B.130(2)(b)’s residency requirement. The Second Judicial District Court transferred venue. The Supreme Court vacated the district court’s order transferring venue and remanded with directions to dismiss the petition for judicial review, holding that section 233.130(2)(b) is a mandatory jurisdictional requirement and because Liberty Mutual was not a resident of Washoe County, the Second Judicial District Court lacked jurisdiction to consider Liberty Mutual’s petition. View "Liberty Mut. v. Thomasson" on Justia Law