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LERCH v. STATE EX REL. WYO. WKR'S COMP. DIV.

No. 85-209.

714 P.2d 754 (1986)

William LERCH, Appellant (Plaintiff), v. STATE of Wyoming ex rel. WYOMING WORKER'S COMPENSATION DIVISION, Appellee (Defendant).

Supreme Court of Wyoming.

February 19, 1986.

Attorney(s) appearing for the Case

Robert W. Horn, Jackson, for appellant.

A.G. McClintock, Atty. Gen., Gerald A. Stack, Deputy Atty. Gen., John W. Renneisen, Sr. Asst. Atty. Gen. and Terry J. Harris, Asst. Atty. Gen., Cheyenne, for appellee.

Before THOMAS, C.J., and BROWN, CARDINE, URBIGKIT and MACY, JJ.

URBIGKIT, Justice.

The district court denied a claim for worker's compensation benefits to a ski area employee who sustained a work-related injury, by holding that employment on the ski race crew was not extrahazardous as defined by § 27-12-106(a)(lv), W.S. 1977 (1983 Replacement). We disagree.

The parties jointly presented one question to the district court:

"Where an employee's duties require skiing to provide a public service but do not include...

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