State of Wyoming, Ex Rel., Department of Workforce Services, Workers' Safety and Compensation Division v. Erin R. Clements, 326 P.3d 177

Erin Clements was injured at work in Nov. 2008 and received 24 months of temporary total disability (TTD) benefits, then an additional 12‑month extension under Division rules.
After the additional 12 months, the Division denied further TTD benefits by final determination dated July 6, 2012.
Clements requested a hearing; the Office of Administrative Hearings upheld the denial.
Clements filed a declaratory judgment action arguing the Division exceeded its statutory authority by adopting a rule (Ch.7 §2(b)) that caps any discretionary extension at 12 months.
The district court denied the Division’s motion to dismiss and granted declaratory relief, holding the Division exceeded its statutory authority by limiting discretionary extensions to 12 months; the Division appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Division exceeded statutory authority by adopting a rule limiting discretionary TTD extensions to 12 months	Clements: Rule unlawfully constrains the Division’s statutory discretion to award additional TTD benefits in extraordinary circumstances	Division: Rule validly exercises discretion; relief barred by doctrine/precedent and administrative remedies	Court: Rule exceeded statutory authority; statute allows discretionary awards for extraordinary circumstances without a fixed 12‑month cap

Qwest Corp. v. Public Serv. Comm’n, 161 P.3d 495 (Wyo. 2007) (governs de novo review of agency statutory interpretation)
Bourke v. Grey Wolf Drilling Co. LP, 305 P.3d 1164 (Wyo. 2013) (treats “may” as permissive)
Anderson v. Bd. of County Comm’rs of Teton Co., 217 P.3d 401 (Wyo. 2009) (same re: permissive statutory language)
Wyoming Dep’t of Revenue v. Guthrie, 115 P.3d 1086 (Wyo. 2005) (agencies may only exercise powers granted by statute)
State ex rel. Wyo. Workers’ Safety & Comp. Div. v. Smith, 296 P.3d 939 (Wyo. 2013) (distinguished; addressed separate statutory question about successive injuries)
Picozzi v. State ex rel. Wyo. Workers’ Safety & Comp. Div., 304 P.3d 977 (Wyo. 2013) (distinguished; not a rule‑validity ruling)
Dorman v. State ex rel. Wyo. Workers’ Safety & Comp. Div., 281 P.3d 342 (Wyo. 2012) (not previously addressing rule’s validity)