Worker's Compensation Claim of Morris v. State ex rel. Wyoming Workers' Safety & Compensation Division, 276 P.3d 399

Morris sought PTD benefits; Division denied which was upheld by the Commission and affirmed by the district court.
On appeal Morris challenged two evidentiary rulings by the Commission: admission of Dr. Bell's post-discovery report and limitation on Morris' live testimony to deposition topics.
The Commission admitted Dr. Bell's report; Morris argued it was untimely and prejudicial.
The Commission limited Morris' testimony to matters not covered in her discovery deposition, a limitation Morris did not object to at the time.
The Wyoming Supreme Court concluded no abuse in admitting Bell's report but found abuse in limiting Morris' testimony; however, the latter was deemed waived due to lack of preservation, and the decision was affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Admission of Dr. Bell's report	Morris argued the report was untimely and prejudicial.	Division contends discretion allowed admission of the report under Winterholler factors.	Bell's report admitted without abuse of discretion.
Limitation of Morris' testimony	Morris contends the limitation violated due process by restricting live testimony.	Division asserts procedural limits were justified by discovery and efficiency.	Abuse of discretion found, but waived for lack of proper preservation.

Watkins v. State ex rel. Wyo. Med. Comm'n, 250 P.3d 1082 (Wyo. 2011) (admissibility standard for evidence; shocks the conscience standard)
McIntosh v. State ex rel. Wyo. Med. Comm'n, 162 P.3d 483 (Wyo. 2007) (abuse of discretion standard in administrative appeals)
Winterholler v. Zolessi, 989 P.2d 621 (Wyo. 1999) (Winterholler factors for post-disclosure testimony)
Amoco Prod. Co. v. Wyoming State Bd. of Equalization, 7 P.3d 900 (Wyo. 2000) (due process and opportunity to respond and present evidence)
Beall v. Sky Blue Enter., Inc., 271 P.3d 1022 (Wyo. 2012) (requirement to raise objections at agency level to preserve for appeal)