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MATTER OF INJURY TO SPERA

No. 85-160.

713 P.2d 1155 (1986)

In the Matter of INJURY TO Robert A. SPERA, an Employee of Apollo Drilling. Robert A. SPERA, Appellant (Claimant/Employee), v. The STATE of Wyoming, ex rel. WYOMING WORKER'S COMPENSATION DIVISION, Appellee, Apollo Drilling (Respondent/Employer).

Supreme Court of Wyoming.

February 5, 1986.

Attorney(s) appearing for the Case

James R. Murray, Gillette, for appellant.

A.G. McClintock, Atty. Gen., Terry J. Harris, Asst. Atty. Gen., and Patrick J. Crank, Legal Intern, for appellee.

Before THOMAS, C.J., and ROONEY, BROWN and CARDINE, JJ., and GUTHRIE, J., Retired.

CARDINE, Justice.

This is a worker's compensation case of first impression in Wyoming. We must decide whether an employee's temporary total disability award should be suspended when he is imprisoned. We will reverse the district court's suspension of payments and hold that a worker's incarceration does not, in and of itself, require a suspension of temporary total disability payments.

Appellant, Robert A. Spera, was injured in an industrial accident on October...

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