State to rule on legislator’s insurance claim

Wednesday, Aug. 15, 2001 | 11:42 a.m.

CARSON CITY -- State Sen. Maurice Washington told a state hearing officer Tuesday that playing in a charity basketball game falls within the scope of his employment and that he is entitled to industrial insurance coverage for an injury, as well as more than $10,000 to pay his medical bills.

But Employers Insurance Co., which has refused to cover the Washington's medical costs, said the basketball game was not part of Washington's duties as a state senator. Company representative Perry Arnn said injuries incurred at athletic and social events, unless the person is paid, are outside the duties of the worker. Hearing Officer Jim Tatro, who took testimony during the 20-minute session Tuesday, said he would rule within 15 days. He said the loser would be able to appeal to another level.

Washington, R-Washoe, ruptured his right Achilles tendon in May after getting a rebound in a Democrats versus Republican game to raise money for foster grandparents and involved Republican and Democratic legislators.

Washington was surprised during the hearing when it was revealed the Legislative Counsel Bureau, which pays the premiums for industrial insurance for Washington, sided with Employers Insurance.

Washington said the law declares that a state lawmaker is deemed an employee of the state for the length of his term and eligible for workers' compensation coverage.

The basketball game was a charity event, and the legislators were the main attraction.

The spectators paid to see the Democrats and Republicans square off, Washington said.

His job, Washington said, is to represent and serve the people of Nevada, and that's what he was doing by taking part in the Legislative Counsel Bureau-sanctioned game. A legislator cannot be compared to an 8 a.m. to 5 p.m. employee, but rather is on duty at different hours, he said.

Arnn argued, however, that just because Washington was a state employee doesn't qualify him for 24-hour coverage. He compared Washington's case to one in which a company sponsors a softball team. The members of the team were not covered for injuries when they played.

The basketball game, said Arnn, was a contest between two political parties that didn't benefit the state but was to help a non-profit group. The legislators, he said, are covered only when they are fulfilling their duties.

Arnn said Washington's $130 a day salary ended 20 days before the injury occurred. But Washington said he was still receiving per diem and travel pay and was still covered as a legislator.

Washington ended the legislative session on crutches. He is now in a walking cast. He said doctors say it usually takes 10 months to fully recover from such an injury.