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Injured deliveryman entitled to benefits

Nevada Appeal Staff Reports

Injured delivery man entitled to benefits

The Nevada Supreme Court has rejected the attempt by Interstate Brands to deny worker compensation benefits to one of its delivery drivers.

John Fleischmann was injured in an auto accident and in a coma for three months. His wife filed a claim on his behalf after learning he was on a callback to an Albertsons store in Reno when the wreck occurred. Interstate denied the claim, saying Fleischmann didn’t file his claim within the mandatory seven days and wasn’t working when the accident happened.

The appeals officer and the district court both agreed there was substantial evidence Fleischmann was working and that he was exempt from the seven-day filing requirement because he was in a coma.

The Supreme Court panel of Nancy Becker, Miriam Shearing and Mark Gibbons agreed, saying Albertsons employees confirmed they had asked him for additional product earlier that day, that he was still in uniform and driving back toward the Mae Ann store when the accident happened. They said there was evidence Fleischmann often returned to different stores late in the day to provide service to customers.

– Appeal Capitol Bureau