Anderson v. State Employment Sec. Div.Annotate this Case
In 2004, Appellant sustained a work injury and received temporary total disability (TTD) benefits. Appellant returned to work from 2006 until 2008, at which time his back problems recurred. Appellant received TTD benefits until 2010. Appellant was later medically released to return to work, but because he could not find a job, he filed for unemployment compensation. Nev. Rev. Stat. 612.344 allows an individual who cannot find work after a period of temporary disability the option of using his work history for the fifteen months preceding his disability leave to determine his unemployment compensation instead of the fifteen months preceding his application. To qualify for this option, the application must be filed “within 3 years after the initial period of disability begins.” The Employment Security Division denied Appellant’s claim, concluding that because Appellant received disability benefits for his back injury starting in 2004, he could not use section 612.344’s alternative-calculation option because the statute’s three-year window closed in 2007. The Supreme Court reversed, holding that the alternative-calculation option in section 612.344 renews when a temporarily disabled worker recovers and returns long enough to reestablish himself in the unemployment compensation system.