Bilyeu v. State ex rel. Wyoming Workers' Safety & Compensation Division
287 P.3d 773
Wyo.2012Background
- 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)
