In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

Q: (3) Dr. Hickman’s observation that Seever’s surgeries, residual pain, and physical limitations “have taxed his psychological coping abilities,” ApltApp. at 372. But Dr. Hick man interpreted this information as presenting no more than a slight impairment—meaning that he could still function well—as to understanding, remembering, and carrying out detailed instructions, and he declined to identify any other mental capabilities affected by Seever’s depression. We will not fault the ALJ for failing to interpret Seever’s symptoms and test results differently than Dr. Hickman. See Winfrey v. Chater, 92 F.3d 1017, 1022 (10th Cir.1996) (observing that an ALJ may not substitute his lay opinion for a medical opinion); Hamilton v. Sec’y of Health & Human Servs., 961 F.2d 1495, 1500 (10th Cir.1992) (<HOLDING>). Nor are we convinced that the ALJ should have 
 Holding statements: (A) recognizing that this court may not reweigh evidence (B) recognizing this method (C) recognizing this presumption (D) recognizing this distinction (E) recognizing this rule

A: (A)
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Q: did not arise out of her employment, given that she was no longer employed at Riverside when she was injured. Respondents counter that, for purposes of the NIIA, the employment relationship continues for a reasonable amount of time after an employee quits or is fired, so that Fanders was still considered an employee when she was injured, and thus, the NILA applied and was Fanders’ sole remedy. The NIIA only covers injuries that arise out of and in the course of the injured claimant’s employment. NRS 616C. 150(1). An in jury occurs within the course of employment when there is a causal connection between the injury and the nature of the work or the workplace. Wood, 121 Nev. at 733, 121 P.3d at 1032; Rio Suite Hotel & Casino v. Gorsky, 113 Nev. 600, 604, 939 P.2d 1043, 1046 (1997) (<HOLDING>); see also MGM Mirage v. Cotton, 121 Nev. 396, 
 Holding statements: (A) recognizing that an injury arises out of the employment relationship if it can be traced to the nature of employment or the workplace environment (B) holding employees under age discrimination in employment acts adea parallel retaliation provision includes former employees as long as the alleged discrimination is related to or arises out of the employment relationship (C) holding that it is the claimants burden to show that the injury was the result of an accident that not only arose in the course of the employment but that it also grew out of or resulted from the employment (D) holding that where the employment of the injured employees was the occasion of the injury the injuries arose out of employment (E) holding that language in employee handbook stating that it was not to be considered as creating terms and conditions of an employment contract and that the employment relationship was employment atwill  was sufficiently explicit to preclude the creation of implied contractual obligations as a matter of law

A: (A)
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Q: tolling of the [EEOC] filing is inappropriate ... notwithstanding the plaintiffs allegations that she was given incorrect information by both an EEOC employee and her own counsel.” See Crossman v. Crosson, 905 F.Supp. 90, 95 n. 3 (E.D.N.Y.1995) (emphasis added) (citation omitted); see also South v. Saab Cars USA Inc., 28 F.3d 9, 12 (2d Cir.1994) (“[L]ack of due d ]” delay as grounds alone for applying the equitable tolling doctrine. (PI. Mem. 10.) No principle of law supports the proposition that the applicability of equitable tolling is measured by time alone. Rather, the relevant inquiry centers of the factual circumstances leading to the delay; equitable tolling does not excuse ordinary neglect. See Johnson v. Al Tech Specialties Steel Corp., 731 F.2d 143, 147 (2d Cir.1984) (<HOLDING>) (citation omitted); Toolan v. Bd. of Educ. of 
 Holding statements: (A) holding that the charge was timely when filed within the statute of limitations period even though served after the period (B) holding the 90 day period begins to run the date the eeoc right to sue letter is delivered to plaintiffs counsel (C) holding that in computing time to determine whether an act was performed within a specified period of time under the statute of limitations the first day is excluded and the last day of the period is included (D) holding in the context of the 90day period during which a plaintiff must bring suit after receiving a right to sue letter that in the absence of a recognized equitable consideration the court cannot extend the limitations period by even one day (E) holding that the limitations period for  1983 actions arising in ohio is the twoyear period found in ohio rev code  230510 and that the limitations period starts to run when the plaintiff knows or has reason to know of the injury which is the basis of his action 

A:
(D)
****