Bird v. Eicon

 the offset specified in the agreement. Bird filed a petition for judicial
review, which the district court denied, and this appeal followed.
On appeal, Bird, through his workers' compensation attorney,
argues that the subrogation agreement is unenforceable because Bird's
personal injury attorney, and not his workers' compensation attorney,
negotiated the terms of the agreement. Bird presents no authority to
support his argument that the negotiation of the subrogation agreement
had to specifically go through his workers' compensation attorney, as
opposed to his personal injury attorney, and thus, we do not consider the
argument. See Edwards v. Emperor's Garden Rest., 122 Nev. 317, 330
n.38, 130 P.3d 1280, 1288 n.38 (2006) (noting that it is a party's
"responsibility to cogently argue, and present relevant authority, in
support of his appellant concerns"). Further, it is undisputed that Bird's
personal injury attorney was retained as counsel. A client is generally
held responsible for his attorney's actions. See Lange v. Hickman, 92 Nev.
41, 43, 544 P.2d 1208, 1209 (1976).
Having considered the parties' arguments and the record on
appeal, we conclude that the appeals officer's factual determination that
Bird and EICON had entered into a subrogation agreement is supported
by substantial evidence. See Vredenburg v. Sedgwick CMS, 124 Nev. 553,
557 n.4, 188 P.3d 1084, 1087 n.4 (2008) ("Substantial evidence is evidence
that a reasonable person could accept as adequately supporting a
conclusion." (internal quotation omitted)); May v. Anderson, 121 Nev. 668,
672-73, 119 P.3d 1254, 1257 (2005) (recognizing that whether a contract
exists is a question of fact). We also conclude that the decision is not
affected by any error of law. See NRS 616C.215 (providing for the
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reduction of workers' compensation benefits by the amount of personal
injury damages recovered from a third-party for the same injuries).
Therefore, we affirm the district court's order denying judicial review.
It is so ORDERED.
Hardesty
e
Parraguirre
Ciu,6
Cherry
cc: Hon. Kathleen E. Delaney, District Judge
William F. Buchanan, Settlement Judge
Clark & Richards
Lewis Brisbois Bisgaard & Smith, LLP/Las Vegas
Eighth District Court Clerk
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