Prevost v. State, Department of Administration

The failure to name a party of record in the caption of a petition for judicial review is not jurisdictionally fatal under Nev. Rev. Stat. 233B.130(2)(a) where the party is named in the body of the petition and is properly served with the petition.Appellant, a former corrections officer employed by the State of Nevada, Department of Corrections (NDOC), filed a workers’ compensation claim. Cannon Cochran Management Services, Inc. (CCMSI), as NDOC’s third-party administrator, denied Appellant’s claim. An appeals officer affirmed. Appellant then filed a petition for judicial review. The caption of the petition listed as respondents NDOC and the Department of Administration but did not individually identify CCMSI. The district court dismissed Appellant’s petition for judicial review for lack of jurisdiction. The Supreme Court reversed, holding that Appellant’s failure to name CCMSI in the caption of the petition did not render the petition jurisdictionally defective because the body of the petition named CCMSI through incorporation by reference of the attached administrative decision and CCMSI was timely served with the petition. View "Prevost v. State, Department of Administration" on Justia Law