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CARSON v. WYOMING STATE PENITENTIARY

No. 86-76.

735 P.2d 424 (1987)

In the Matter of the Protest Upon the Worker's Compensation Claim of Gary L. CARSON, Appellant (Claimant/Employee), v. WYOMING STATE PENITENTIARY, Appellee (Employer), The State of Wyoming, ex rel. Wyoming Worker's Compensation Division, Appellee (Objector).

Supreme Court of Wyoming.

April 7, 1987.

Attorney(s) appearing for the Case

Michael R. O'Donnell, Cheyenne, for appellant.

A.G. McClintock, Atty. Gen., Josephine T. Porter, and Patrick J. Crank, Asst. Attys. Gen., for appellees.

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

URBIGKIT, Justice.

Can the trial court, in awarding Worker's Compensation benefits for an inmate injured at a confinement institution, offset benefits paid against maintenance costs at the institution?

This issue is here following the trial court's denial of a Rule 60(b), W.R.C.P. motion, which we now reverse.1

FACTS

Claimant Gary Carson, while incarcerated at the Wyoming State Penitentiary, claimed that a back...

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