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MATTER OF ZIELINSKE

No. 96-309.

959 P.2d 706 (1998)

In the MATTER OF the Worker's Compensation Claim of Carol ZIELINSKE, an Employee of Johnson County School District No. 1: Carol ZIELINSKE, Appellant (Employee-claimant), v. JOHNSON COUNTY SCHOOL DISTRICT NO. 1,. Appellee (Employer-objector), v. STATE of Wyoming, ex rel., WYOMING WORKERS' COMPENSATION DIVISION, Appellee (Objector-Defendant).

Supreme Court of Wyoming.

May 20, 1998.

Attorney(s) appearing for the Case

Rene Botten of Northern Wyoming Law Associates, Sheridan, for Appellant.

Timothy J. Kirven of Kirven and Kirven, P.C., Buffalo, for Appellee Johnson County School District No. 1.

William U. Hill, Attorney General; John W. Renneisen, Deputy Attorney General; Gerald W. Laska, Senior Assistant Attorney General; and Bernard P. Haggerty, Assistant Attorney General, for Appellee State ex rel. Wyoming Workers' Compensation Division.

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

TAYLOR, Chief Justice.

Appellant contests the hearing examiner's denial of worker's compensation benefits for occupational asthma. The hearing examiner found that appellant had not reported her claim within the statutory time period and failed to rebut the presumption that the claim be denied pursuant to Wyo. Stat. § 27-14-502 (Repl.1991). The hearing examiner also found that benefits were precluded because appellant had knowingly engaged in an injurious practice...

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