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Worker's Compensation Claim of Stallman v. State ex rel., Wyoming Workers' Safety & Compensation Division
288 P.3d 707
Wyo.
2012
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Background

  • Stallman was injured in a work-related car accident and received a 22% permanent impairment.
  • She applied for permanent partial disability (PPD) benefits; the Division denied due to alleged failure to timely show a work search.
  • Division notified her on Nov 4, 2009 to submit work search evidence by Dec 23, 2009; she did not submit by that date.
  • Division issued a final denial stating insufficient weekly work contacts, citing § 27-14-405(b)(iii).
  • Stallman requested a contested case hearing; the Division moved for partial/complete summary judgment asserting no timely work search evidence; she later provided some documentation.
  • OAH granted summary judgment for the Division; district court affirmed; Stallman appealed claiming timeliness and evidentiary issues under § 27-14-405(h) and related rules.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether OAH correctly granted summary judgment on timeliness of work search Stallman asserts timeliness under § 27-14-405(h) and the rule; Division imposed an improper deadline and denied benefits prematurely. Division argues Stallman failed to timely submit complete work search evidence; summary judgment proper. Timeliness issue reversed; Stallman timely submitted work search evidence and is entitled to a hearing.
Whether Stallman met her burden to prove active work search and whether remand is warranted Stallman presented tangible evidence of an active search and should be awarded benefits if Division cannot rebut. Division contends it adequately rebutted her evidence; summary judgment should remain denied. Remanded for a hearing to determine whether Stallman actively sought suitable work under statute and rule.

Key Cases Cited

  • Office of State Lands and Investments v. Mule Shoe Ranch, Inc., 252 P.3d 951 (Wyo. 2011) (statutory interpretation and plain-language approach in agency context)
  • Bailey v. State ex rel. Wyo. Workers' Comp. Div., 243 P.3d 953 (Wyo. 2010) (interpretation of agency rules using statutory-interpretation standards)
  • Olivas v. State ex rel. Wyo. Workers' Safety & Comp. Div., 130 P.3d 476 (Wyo. 2006) (remand and factual determinations for the agency to resolve)
  • Singer v. State ex rel. Wyo. Workers' Safety & Comp. Div., 248 P.3d 1155 (Wy. 2011) (review of agency action with focus on statutory construction)
  • Phillips v. TIC-The Indus. Co. of Wyoming, Inc., 109 P.3d 520 (Wy. 2005) (ascertainable loss and timing of impairment-based claims)
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Case Details

Case Name: Worker's Compensation Claim of Stallman v. State ex rel., Wyoming Workers' Safety & Compensation Division
Court Name: Wyoming Supreme Court
Date Published: Nov 20, 2012
Citation: 288 P.3d 707
Docket Number: No. S-12-0087
Court Abbreviation: Wyo.