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Case Name Hilton v. Gilbert
Date 12/28/2006
Note Because the claimant received two superseding notices of claim closure, and because his appeal was timely as to any of the three notices, his appeal was not barred.
Citation 46156
WCC Citation WCC 862006 N
IN THE SUPREME COURT OF THE STATE OF NEVADA No. 46156 December 28, 2006 FLAMINGO HILTON, APPELLANT, v. JOHN GILBERT, RESPONDENT. Gilbert's employer, appellant Flamingo Hilton, accepted his ensuing workers' compensation claim, and Gilbert underwent treatment and surgery in the following months. In the April 22 report, the physician also indicated that Gilbert required continued medication to help treat residual pain and that Gilbert should obtain that medication through his private insurance once his workers' compensation claim was closed. That letter, however, expressly allowed Gilbert to receive previously authorized treatment and prescriptions, and it is unclear from the record whether that allowance included the treating physician's April 22 recommendation that Gilbert continue his medications. CONCLUSION As Gilbert timely administratively challenged the closure of his claim, and as substantial evidence supports the appeals officer's determination that Gilbert had demonstrated a need for continued medication, we affirm the district court's order denying judicial review.

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