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WYOMING STATE TREASURER, ETC. v. SCHWILKE

No. 5690.

649 P.2d 218 (1982)

WYOMING STATE TREASURER, ex rel. WYOMING WORKER'S COMPENSATION DIVISION, Appellant (Objector-Defendant) Burch Trucking, Inc., (Defendant-Employer), v. Denise SCHWILKE, on Behalf of Shelby SCHWILKE, Deceased, Appellee (Claimant-Employee).

Supreme Court of Wyoming.

Rehearing Denied August 18, 1982.

Attorney(s) appearing for the Case

Steven F. Freudenthal, Atty. Gen., Gerald A. Stack, Deputy Atty. Gen., Allen C. Johnson, Senior Asst. Atty. Gen., and Carl Hildebrand, Asst. Atty. Gen., Cheyenne, for appellant.

Burton W. Guetz, Casper, for appellee.

Before ROSE, C.J., and RAPER, THOMAS, ROONEY and BROWN, JJ.

ROSE, Chief Justice.

This is an appeal from an order of the district court awarding the appellee widow-and-children benefits under the Wyoming Worker's Compensation Act. In its appeal,1 the State argues that the trial judge was without authority to make the award because the criteria of § 27-12-603(b), W.S. 1977 have not been satisfied.2

The State Treasurer argues that the evidence introduced by...

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