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ARAGUZ v. STATE EX REL. WYO. WORKERS' SAFETY & COMPN. DIV.

Nos. S-11-0029, S-11-0030.

262 P.3d 1263 (2011)

2011 WY 148

In the Matter of the Workers' Compensation Claim of Timothy ARAGUZ, Appellant (Petitioner), v. STATE of Wyoming, ex rel., WYOMING WORKERS' SAFETY AND COMPENSATION DIVISION, and Wal-Mart Stores, Inc., Appellees (Respondents). In the Matter of the Workers' Compensation Claim of James Elder, Appellant (Petitioner), v. State of Wyoming, ex rel., Wyoming Workers' Safety and Compensation Division and Wal-Mart Stores, Inc., Appellees (Respondents).

Supreme Court of Wyoming.

October 28, 2011.

Attorney(s) appearing for the Case

Representing Appellants: Robert A. Nicholas , Nicholas & Crank, P.C., Cheyenne, Wyoming.

Representing Appellee Wyoming Workers' Safety & Compensation Division: Gregory A. Phillips , Wyoming Attorney General; John W. Renneisen , Deputy Attorney General; James Michael Causey , Senior Assistant Attorney General; Michael J. Finn , Senior Assistant Attorney General.

Representing Appellee Wal-Mart Stores, Inc.: John A. Sundahl , Sundahl, Powers, Kapp & Martin, LLC, Cheyenne, Wyoming.

Before KITE, C.J., and GOLDEN, HILL, VOIGT, and BURKE, JJ.

VOIGT, Justice.

[¶ 1] The appellants, Timothy Araguz and James Elder, were injured in separate incidents while working at the Wal-Mart Distribution Center (Distribution Center). After receiving compensation through the Wal-Mart Plan, Wal-Mart's private workers' compensation fund, the appellants filed for benefits under the Wyoming Worker's Compensation Act (the Act). The Wyoming Workers' Safety and Compensation Division (Division) denied their request and the...

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