440 P.3d 1078
Wyo.2019Background
- McCallister injured his spine in Campbell County while working in 2012 and lives in Albany County.
- In 2016 his doctors sought Division preauthorization for home medical items; the Division denied coverage and McCallister requested an OAH contested-case hearing.
- The in-person hearing occurred in Laramie County; the OAH issued a final decision in Laramie County upholding most denials (and granting extra TENS pads, not at issue here).
- OAH and Division pleadings bore a caption referencing "County of Campbell," though the hearing and OAH office were in Laramie County.
- McCallister filed a petition for judicial review in Campbell County district court citing Wyo. Stat. § 16-3-114(a); the Division moved to dismiss for improper forum; the district court denied dismissal and affirmed the OAH decision.
- The Wyoming Supreme Court considered whether § 16-3-114(a) makes the place-of-filing jurisdictional or merely venue and whether Campbell County court had power to hear the appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 16-3-114(a) makes the place for filing a petition for judicial review jurisdictional or only venue | McCallister: even if venue was wrong, Campbell County court had jurisdiction; OAH/Division captions misled him; alternatively ask transfer to proper county | Division: § 16-3-114(a) grants entitlement to review only in the specified district courts, so filing elsewhere deprives the court of jurisdiction | Held: § 16-3-114(a) is jurisdictional; only the district courts enumerated (here Laramie or Albany) had jurisdiction; Campbell County lacked subject-matter jurisdiction |
| Whether the Division waived its challenge to venue by not cross-appealing denial of motion to dismiss | McCallister: Division routinely captioned matter in Campbell County so venue was proper; failure to cross-appeal meant waiver | Division: subject-matter jurisdiction cannot be waived and may be raised at any time | Held: Division waived contest to venue by not cross-appealing denial of motion to dismiss, but lack of subject-matter jurisdiction is nonwaivable; because Campbell County lacked jurisdiction the appeal must be dismissed and district court order vacated |
Key Cases Cited
- Moller v. State ex rel. Wyo. Workers' Safety & Comp. Div., 12 P.3d 702 (Wyo. 2000) (prior panel held district court may exercise jurisdiction though not listed in § 16-3-114(a); here overruled insofar as inconsistent)
- Pritchard v. Div. of Vocational Rehab., 540 P.2d 523 (Wyo. 1975) (statutory jurisdictional requirements can deprive courts of jurisdiction when not met)
- Anderson v. W. Hodgeman & Sons, Inc., 524 N.W.2d 418 (Iowa 1994) (administrative-review filing-location statute is jurisdictional; wrong county deprives court of jurisdiction)
- State Dep't of Rev. v. Borquez, 751 P.2d 639 (Colo. 1988) (statute linking right of review to district of residence held jurisdictional)
- Associated Gov’ts of Northwest Colorado v. Colorado Pub. Utils. Comm'n, 275 P.3d 646 (Colo. 2012) (statutory structure can indicate whether filing-location provision is venue or jurisdictional)