For appellant to reopen her claim, she must show that there
has been a change of circumstances warranting an increase or
rearrangement of compensation and that the primary cause of the change
in circumstances is the original industrial injury. NRS 616C.390(1). The
only medical reporting in the record that was issued after appellant's
claim was closed are the 2010 reports from Drs. Curtis Poindexter and
Satish Sharma. While both physicians acknowledged that appellant still
suffers from physical problems, neither physician opined that appellant's
condition had changed so as to warrant additional benefits or that any
change was primarily caused by appellant's original industrial injury. Dr.
Poindexter's 2011 report clearly states his opinion that based on
appellant's x-rays and MRI, he did not find that appellant's condition had
progressively worsened and that any progression of her condition is likely
due to aging. Dr. Sharma's reports do not address any change in
appellant's condition. Thus, substantial evidence in the record supports
the appeals officer's determination that appellant had not submitted
sufficient evidence showing a change in condition so as to warrant claim
reopening under the statutory standard. See NRS 616C.390(1) (providing
the requirements for claim reopening); Vredenburg v. Sedgwick CMS, 124
Nev. 553, 557 & n.4, 188 P.3d 1084, 1087-88 & n.4 (2008) (defining
substantial evidence); Wright v. State, Dep't of Motor Vehicles, 121 Nev.
122, 125, 110 P.3d 1066, 1068 (2005) (recognizing that substantial
evidence may be inferred from the lack of evidence).
Accordingly, because the appeals officer did not err or abuse
her discretion in denying reopening of appellant's claim, we affirm the
district court's order denying judicial review. See Vredenburg, 124 Nev. at
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557, 188 P.3d at 1087-88 (explaining that this court will not disturb the
appeals officer's factual findings on judicial review if they are supported by
substantial evidence).
It is so ORDERED.
4:20—k
reP-4 t
Parraguirre
' J.
Douglas
Chu.
Cherry
cc: Hon. Kenneth C. Cory, District Judge
Susan Reeves
Lewis Brisbois Bisgaard & Smith, LLP/Las Vegas
Eighth District Court Clerk
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