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DEROCHE v. R.L. MANNING CO.

No. 86-171.

737 P.2d 332 (1987)

Curlin J. DEROCHE, Appellant (Employee-Claimant), v. R.L. MANNING CO., Appellee (Employer-Defendant), v. STATE of Wyoming ex rel. WYOMING WORKER'S COMPENSATION DIVISION, Appellee (Third-Party Respondent).

Supreme Court of Wyoming.

May 15, 1987.

Attorney(s) appearing for the Case

James M. Guill, Goppert & Olson, Cody, for appellant.

Thomas F. Reese, Brown, Drew, Apostolos, Massey & Sullivan, Casper, for appellee Manning.

No appearance for appellee State of Wyo.

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

THOMAS, Justice.

The dispositive question in this case is whether the record sustains a finding by the district court that an injured workman failed to meet his burden of proving that he had suffered an increase in incapacity due solely to the injury, which he must do to justify reopening his award pursuant to § 27-12-606, W.S. 1977. The district judge authored a decision letter which focused upon the four-year period of limitations found in the statute. In the...

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