APODACA v. STATE EX REL. WORKERS' SAFETY AND COMP. DIV.

Nos. 97-148, 97-158.

977 P.2d 56 (1999)

In the Matter of the Worker's Compensation Claim of: Vince APODACA, Appellant (Petitioner), v. STATE of Wyoming, ex rel., WYOMING WORKERS' SAFETY AND COMPENSATION DIVISION, Appellee (Respondent). In the Matter of the Worker's Compensation Claim of Vince Apodaca: State of Wyoming, ex rel., Wyoming Workers' Compensation Division, Appellant (Petitioner/Objector-Defendant), v. Vince Apodaca, Appellee (Respondent/Employee-Claimant).

Supreme Court of Wyoming.

April 14, 1999.


Attorney(s) appearing for the Case

Scott E. Kolpitcke of Cook and Associates, P.C., Laramie, WY. Argument by Mr. Kolpitcke, for Vince Apodaca.

William U. Hill, Attorney General; Gerald W. Laska, Senior Assistant Attorney General; and Bernard P. Haggerty, Assistant Attorney General. Argument by Mr. Haggerty, for State, ex rel. Worker's Compensation Division.

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


LEHMAN, Chief Justice.

A hearing examiner granted Vince Apodaca's worker's compensation claim for loss of earnings benefits. The Worker's Compensation Division (Division) filed a petition for review, and the district court certified the case pursuant to W.R.A.P. 12.09(b). The Division complains that Apodaca is not entitled to loss of earnings benefits because he is unable to work, not as a result of his back injury, but as a result of his incarceration in the state...

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