Deloge v. State Ex Rel. Wyoming Workers' Safety & Compensation Division
264 P.3d 28
Wyo.2011Background
- DeLoge, an inmate at the Wyoming State Penitentiary, was injured in a kitchen altercation during a dispute with Bronson.
- Bronson head-butted DeLoge to force him out of Bronson's face; DeLoge did not touch Bronson.
- Bronson admitted the head-butt and its purpose as stated in his interview; Bronson was not criminally charged.
- The Division denied the workers' compensation claim under Wyo. Stat. Ann. § 27-14-102(a)(xi)(E) as arising from illegal activity.
- The OAH concluded the head-butt violated criminal battery statute § 6-2-501(b), denying benefits; the district court affirmed; DeLoge appeals.
- The court analyzes whether the injury falls within the illegal-activity exclusion under the statute reflecting a battery violation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the injury was caused by illegal activity under §27-14-102(a)(xi)(E). | DeLoge contends no illegal activity occurred. | Division argues the head-butt constitutes illegal activity under the statute. | Yes; the head-butt was battery, thus illegal activity precluding benefits. |
Key Cases Cited
- Dale v. S & S Builders, LLC, 188 P.3d 554 (Wy. 2008) (de novo review of summary judgment in administrative appeal)
- Cathcart v. State Farm Mut. Auto. Ins. Co., 123 P.3d 579 (Wy. 2005) (standard of review for agency decisions in civil cases)