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OTTEMA v. STATE

No. 97-119.

968 P.2d 41 (1998)

In the Matter of the Worker's Compensation Case of Vernon D. OTTEMA, Appellant (Employee/Claimant), v. STATE OF Wyoming, ex rel., WYOMING WORKER'S COMPENSATION DIVISION, Appellee (Respondent).

Supreme Court of Wyoming.

December 4, 1998.

Attorney(s) appearing for the Case

C. John Cotton of Cotton Law Office, Gillette, WY, for Appellant.

William U. Hill, Attorney General, and Gerald W. Laska, Senior Assistant Attorney General, for Appellee.

Before LEHMAN, C.J., and THOMAS, MACY, GOLDEN and TAYLOR, JJ.

LEHMAN, Chief Justice.

Appellant Vernon D. Ottema (Ottema) seeks review of the hearing examiner's denial of his 1995 application for extended permanent total disability benefits. Ottema claims the hearing examiner erroneously applied the 1987 provision regarding eligibility rather than the law in effect in 1985, the time of his original injury. Pursuant to our holding in Rodgers v. State, ex rel. Workers' Compensation Div., 939 P.2d 246

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