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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

Ex Input:
subjective, although it is usually proved by inference from the acts of the accused. Thus, intentionally entering or intentionally remaining unlawfully upon the described premises with the intent to commit any crime against a person or property rights constituted burglary, and therefore, it cannot logically be said that specifying the particular crime intended to be committed is, under our statutes, an essential element which must be alleged in order to charge the crime of burglary actual commission of a second underlying offense, in order to sufficiently charge the offense, it is incumbent on the State to allege the essential elements of the underlying offense; identification of the offense by name or statutory reference will not suffice. Cf. Elliott, 77 Hawaii at 312, 884 P.2d at 375 (<HOLDING>). Therefore, we adopt the rule set out in
Holding statements: (A) holding that where the writings on file were insufficient to constitute an effective charge a charge had not been effectively filed despite the fact that the eeoc had assigned the case a charge number (B) holding that a charge not taken under oath or affirmation is not a valid charge (C) holding that the omission of an element from the jury charge is subject to harmlesserror review (D) holding that trial court did not err in refusing to give charge because plaintiff failed to demonstrate that his requested charge was tailored to the evidence (E) holding that statutory references in charge did not cure the omission of essential elements in the challenged counts of the charge

Ex Output:
holding that where the writings on file were insufficient to constitute an effective charge a charge had not been effectively filed despite the fact that the eeoc had assigned the case a charge number

Ex Input:
a work-related injury, taking into account such factors as age, education, training, and mental capacity." Id. at 574; see also Norton v. Industrial Comm'n, 728 P.2d 1025, 1027 (Utah 1986) (per curiam) (listing "age, sex, education, economic and social environment, ... [and] permanent impairment" as factors to be weighed (internal quotation marks omitted)). 120 The fact that an employee returned to work for some period of time following his industrial injury does not automatically preclude him from claiming permanent total disability benefits at a later date if he continues to suffer substantial pain throughout the period of his continued employment or if his industrial injury worsens to the point that he is no longer able to maintain regular employment. See Norton, 728 P.2d at 1027-28 (<HOLDING>). See generally Hoskings v. Industrial Comm'n,
Holding statements: (A) holding that disability pension benefits could be offset against both temporary and total permanent disability compensation benefits (B) holding that an employee who returned to work for six years following his workrelated injury could nevertheless obtain permanent total disability benefits and observing that it may be years before the effect of an injury is felt (C) holding that workers compensation statutes do not prohibit claimant from receiving permanent partial disability benefits from prior accident concurrently with temporary total disability benefits from subsequent injury (D) holding that a totally disabled claimant whose preexisting osteoarthritis was temporarily aggravated by her employment was entitled to temporary total disability benefits but not permanent total disability benefits because there was no causal connection between the temporary aggravation and the permanent disability (E) holding that an injury is not within the scope of employment after the employee has left work unless the injury was caused by the employers negligence

Ex Output:
holding that disability pension benefits could be offset against both temporary and total permanent disability compensation benefits

Ex Input:
adopted by this court. Atel Fin. Corp. v. Quaker Coal Co., 321 F.3d 924, 926 (9th Cir.2003). On this record, the district court did not err when it determined that Roberts had not offered evidence that the monitor was defective. Roberts presented only circumstantial evidence that the monitor was defective. Nevada courts have never directly held that circumstantial evidence is sufficient to prove a defect, yet some Nevada cases have relied on circumstantial evidence to establish the existence of a defect. See Van Duzer v. Shoshone Coca Cola Bottling Co., 103 Nev. 383, 741 P.2d 811, 812-14 (1987) (finding that a bottle was unreasonably dangerous and defective based on supermarket customer's testimony); Stackiewicz v. Nissan Motor Corp. in U.S.A., 100 Nev. 443, 686 P.2d 925, 928 (1984) (<HOLDING>). In this case, even if circumstantial evidence
Holding statements: (A) holding that it was not an abuse of discretion for district court to allow a mechanical engineer to give expert testimony about a machine with which the engineer had no design experience (B) holding that drivers and witnesses testimony about car steering malfunction could be proof of defect without establishing the mechanical cause of the malfunction (C) holding that material for witnesses need not be produced to defendant where the witnesses were not called as government witnesses at trial (D) holding that a district court was entitled to accept or reject testimony on the basis of the witnesses demeanor and candor or lack thereof and contradictions in the witnesses testimony (E) holding that a cause of action does not arise in negligence when a product malfunctions or is defective and the malfunction or defect results in damage only to the product itself and produces only economic loss

Ex Output:
holding that it was not an abuse of discretion for district court to allow a mechanical engineer to give expert testimony about a machine with which the engineer had no design experience