History
  • No items yet
midpage
Bilyeu v. State ex rel. Wyoming Workers' Safety & Compensation Division
287 P.3d 773
Wyo.
2012
Read the full case

Background

  • Bilyeu was injured on a motorcycle while commuting to Dry Fork for work in Wyoming.
  • He claimed workers' compensation coverage because he was reimbursed for travel expenses under § 27-14-102(a)(xi)(D).
  • The Wyoming Division denied the claim, and the OAH also denied it after a contested case hearing.
  • The district court affirmed the denial; Bilyeu appealed to the Wyoming Supreme Court.
  • The issue is whether the OAH's conclusion that Bilyeu was not reimbursed for travel expenses is contrary to the weight of the evidence.
  • The Court affirms the OAH, holding the evidence did not overwhelmingly prove reimbursement.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether OAH's ruling conformed to the weight of the evidence Bilyeu Babcock & Wileox/Division Not contrary; evidence did not overwhelm the ruling

Key Cases Cited

  • Berg v. State ex rel. Wyoming Workers' Safety & Comp. Div., 106 P.3d 867 (Wy. 2005) (travel costs create compensable nexus when employer bears travel costs)
  • Archuleta v. Carbon County School Dist. No. 1, 787 P.2d 91 (Wy. 1990) (nexus created where employer bears travel costs)
  • In re Willey, 571 P.2d 248 (Wy. 1977) (per diem may be for travel expenses; contract language matters)
  • Lloyd v. State ex rel. Wyoming Workers' Safety & Comp. Div., 93 P.3d 1001 (Wy. 2004) (employer policy and reimbursement terms govern travel expense recovery)
  • Davenport v. State ex rel. Wyoming Workers' Safety & Comp. Div., 268 P.3d 1038 (Wyo. 2012) (substantial evidence standard for agency findings)
Read the full case

Case Details

Case Name: Bilyeu v. State ex rel. Wyoming Workers' Safety & Compensation Division
Court Name: Wyoming Supreme Court
Date Published: Nov 2, 2012
Citation: 287 P.3d 773
Docket Number: No. S-12-0051
Court Abbreviation: Wyo.