STATE EX REL. WORKERS SAFETY DIV. v. Singer, 2011 WY 57

Work-related injury in 2002 led to impairment and subsequent disability awards under Wyoming’s workers’ compensation acts.
In 2003 Singer received a permanent partial impairment award for 30% whole-person impairment and was paid $22,118.45.
In 2004 Singer received a permanent partial disability award of $49,009.94.
In 2009 the Division awarded permanent total disability benefits of $202,000.80.
The Division reduced the PTD award by $49,009.94 (disability award) and by $22,118.45 (impairment award); Singer lump-sum elected; examiners differed on whether impairment deduction was proper.
The Wyoming Supreme Court ultimately held that the prior impairment award must be deducted from the PTD award and remanded for entry of an order consistent with that view.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether § 27-14-406 requires deduction of prior impairment awards from PTD.	Singer argues impairment awards should not be deducted.	Division argues impairment awards involved in determination of PTD must be deducted.	Deduction of the prior impairment award is required.

Ball v. State ex rel. Wyo. Workers' Safety & Comp. Div., 239 P.3d 621 (Wy. 2010) (statutory interpretation standard; de novo review of law)
Deloges v. State ex rel. Wyo. Workers' Compensation Div., 750 P.2d 1329 (Wyo. 1988) (in pari materia; all parts of act read together)
Sinclair Oil v. Wyoming Dep't of Revenue, 238 P.3d 568 (Wy. 2010) (ambiguous statutes; interpret to ascertain legislative intent)
Taylor v. State ex rel. Wyo. Workers' Safety & Comp. Div., 72 P.3d 799 (Wy. 2003) (double recovery concept in workers’ compensation)
Himes v. Petro Engineering and Construction, 61 P.3d 393 (Wy. 2003) (impairment vs. disability distinction; impairment not tied to ability to work)