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STATE EX REL. WYOMING WORKERS' COMP. DIV. v. BERGERON

No. 95-93.

948 P.2d 1367 (1997)

STATE of Wyoming, ex rel., WYOMING WORKERS' COMPENSATION DIVISION; and D & S Casing Service, Inc., Appellants (Petitioners), v. James P. BERGERON, Appellee (Respondent).

Supreme Court of Wyoming.

December 15, 1997.

Attorney(s) appearing for the Case

William U. Hill, Attorney General; John W. Renneisen, Deputy Attorney General; and Jennifer A. Evans, Assistant Attorney General, Cheyenne, for State ex rel. Wyoming Workers' Compensation Division.

Douglas M. Lesley of Drew & Carlson, Gillette, for D & S Casing Service, Inc.

George Santini, Cheyenne, for Appellee.

Before THOMAS, MACY, TAYLOR and LEHMAN, JJ., and O'BRIEN, District Judge.

O'BRIEN, District Judge.

This worker's compensation case involves interpretation of Wyo. Stat. § 27-14-407 (1997), which provides for the forfeiture of benefits if an injured worker's conduct tends to retard his recovery. The case was certified to this court by the First Judicial District Court upon a petition for review of an order awarding benefits entered by the Office of Administrative Hearings. We reverse and remand the award of benefits.

The parties...

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