Ballgame prompts insurance claim

Monday, July 30, 2001 | 11:03 a.m.

CARSON CITY -- State Sen. Maurice Washington, R-Sparks, wants workers compensation insurance to cover the nearly $10,000 in medical bills he has incurred after being injured in a charity basketball game staged during the 2001 legislative session.

The insurance company that covers state employees, however, is denying Washington's claim for coverage, saying the injury was not work related.

Washington sustained a leg injury in a game pitting Republicans against Democrats, with the proceeds going to the foster grandparents program.

"I went cross court after getting a rebound, and the tendon snapped," he said in his claim to Employers Insurance Co. of Nevada. "I believe my injury was in the course of my employment because the event was sanctioned and promoted by the Nevada State Legislature and we are only paid for 60 days."

The injury occurred April 14, a little more than a week after legislators stopped receiving their pay of $130 a day. The 2001 Legislature began Feb. 5. After 60 days, legislators receive daily expenses but no salary.

Employers Insurance Co. of Nevada, which writes the industrial insurance coverage for the state, denied Washington's claim.

Nicole Hansen, lost-time adjuster for the company, said the law does not allow compensation unless the employee "establishes by a preponderance of the evidence" that the injury arose out of the course of his employment.

Hansen, in a letter denying the claim, said, "I have confirmed with your employer that you were not compensated for the event (the basketball game). Based on evidence, the liability for your claims has been denied.

"We are unable to determine that your injury arose out of the course of employment."

Washington has appealed the denial and a state hearing officer has set Aug. 14 for a hearing to allow the two-term state senator to present evidence to overturn the decision of the insurance company.

Between the surgery, medications and the therapy, Washington said his bills are close to $10,000.

He said Friday he has been able to shed his crutches and is wearing a brace. Washington, a former football player at the University of Nevada, Reno, said he is undergoing therapy to build strength in his leg.

"I'm not trying to stir up any trouble," he said.

Several years ago, Sen. Bernice Mathews, D-Reno, hurt her leg when she slipped on icy pavement in her driveway as she was getting ready to drive to Carson City for a session of the Legislature. But that workers compensation claim was also denied.

If Washington loses at the hearings officer level, he can carry his case to an appeals officer.