Manke Truck Lines v. Public Service Comm'n, 109 Nev. 1034, 1036, 862 P.2d 1201, 1203 (1993).State, Dep't Mtr. Veh. v. Jones-West Ford, 114 Nev. 766, 772, 962 P.2d 624, 628 (1998); Nyberg v. Nev. Indus. Comm'n, 100 Nev. 322, 324, 683 P.2d 3, 4 (1984).Beavers v. State, Dep't of Mtr. Vehicles, 109 Nev. 435, 438, 851 P.2d 432, 434 (1993).
Our interpretation is based on an independent appellate review, "as opposed to a more deferential standard of review." Nyberg v. Nev. Indus. Comm'n, 100 Nev. 322, 324, 683 P.2d 3, 4 (1984). In light of this standard of review, we must determine whether mailing constitutes filing for purposes of NRS 616.5422(1), and whether the 30-day time specified for filing an appeal is jurisdictional or procedural.
This court reviews questions of law, such as statutory interpretation, de novo. Nyberg v. Nev. Indus. Comm'n, 100 Nev. 322, 324, 683 P.2d 3, 4 (1984). In doing so, we apply the plain meaning of the statute and give the words their ordinary meaning where the statute is plain and unambiguous.
In fact, NRCP 6(a)'s express language provides that when a statute's time period is less than seven days, then Saturdays, Sundays, and non-judicial days are excluded from the computation. See Nyberg v. Nev. Indus. Comm'n, 100 Nev. 322, 324, 683 P.2d 3, 4 (1984).Rogers v. State, 85 Nev. 361, 364, 455 P.2d 172, 173 (1969).
We previously discussed the meaning of "concert of action" in Dow Chemical Co. v. Mahlum and explained that this doctrine requires more than just agreement to act: General Motors v. Jackson, 111 Nev. 1026, 1029, 900 P.2d 345, 348 (1995); Nyberg v. Nev. Indus. Comm'n, 100 Nev. 322, 324, 683 P.2d 3, 4 (1984). 114 Nev. 1468, 1488-89, 970 P.2d 98, 111-12 (1998).
The ballot question submitted to the voters at the general election read (emphasis ours): See, e.g., Nyberg v. Nevada Indus. Comm'n, 100 Nev. 322, 323-25, 683 P.2d 3, 5 (1984); Rogers v. State, 85 Nev. 361, 364, 455 P.2d 172, 173-74 (1969); Alaska Christian Bible Inst., 772 P.2d at 1081. Shall the Nevada Constitution be amended to limit the length of Nevada's regular legislative sessions to not more than 120 calendar days and require the Governor to submit the proposed executive budget to the Legislature at least 14 days before the start of each regular session?
Since the facts are not disputed, and this appeal presents a question of statutory construction, independent appellate review is appropriate. Maxwell v. SIIS, 109 Nev. 327, 849 P.2d 267 (1993); Nyberg v. Nev. Indus. Comm'n, 100 Nev. 322, 683 P.2d 3 (1984). In Nevada, workers' compensation benefits are available to covered employees injured by accident arising out of and in the course of employment.
We are asked to decide whether workers' compensation funds remain exempt from attachment, garnishment and execution under NRS 616C.205 (formerly NRS 616.550) after the compensation check is paid to the worker and negotiated by him. The question is one of statutory construction, which we review de novo. Nyberg v. Nev. Indus. Comm'n, 100 Nev. 322, 324, 683 P.2d 3, 4 (1984). When the writ of execution was issued in this case, former NRS 616.550 provided, in relevant part:
Accordingly, this court may not substitute its judgment for that of the appeals officer on matters of weight, credibility, or issues of fact. Apeceche v. White Pine Co., 96 Nev. 723, 615 P.2d 975 (1980). On issues of law, this court reviews an appeals officer's determination de novo. Nyberg v. Nev. Indus. Comm'n, 100 Nev. 322, 683 P.2d 3 (1984). Statutory construction is an issue of law subject to this court's de novo review.
Titanium Metals Corp. v. Clark County, 99 Nev. 397, 399, 663 P.2d 355, 357 (1983); NRS 233B.135. Because this case concerns the construction of a statute, however, independent review is necessary. "The construction of a statute is a question of law, and independent appellate review of an administrative ruling, rather than a more deferential standard of review, is appropriate." Maxwell v. SIIS, 109 Nev. 327, 329, 849 P.2d 267, 269 (1993) (citing Nyberg v. Nev. Indus. Comm'n, 100 Nev. 322, 324, 683 P.2d 3, 4 (1984); American Int'l Vacations v. MacBride, 99 Nev. 324, 326, 661 P.2d 1301, 1302 (1983)). Whether the applicable burden of proof for reopening a claim under former NRS 616.545 (now NRS 616C.390) is determined by the date of the original industrial injury or by the date of the request to reopen the claim