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IN RE WORKER'S COMPENSATION CLAIM OF PAYNE

No. 98-196.

993 P.2d 313 (1999)

In the Matter of the WORKER'S COMPENSATION CLAIM OF Virgil L. PAYNE, an Employee of Frontier Refining, Inc.: Virgil L. Payne, Appellant (Petitioner), v. Frontier Refining, Inc., Appellee (Respondent).

Supreme Court of Wyoming.

December 29, 1999.

Attorney(s) appearing for the Case

Representing Appellant: Daniel E. White of Daniel E. White, P.C., Cheyenne, WY. Argument by Mr. White.

Representing Appellee: Alexander K. Davison and Peter C. Nicolaysen of Patton & Davison, Cheyenne, WY. Argument by Mr. Nicolaysen.

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

LEHMAN, Chief Justice.

After undergoing carpal tunnel syndrome release surgery, appellant Virgil Payne (Payne) sought worker's compensation benefits. A hearing examiner from the Office of Administrative Hearings denied benefits, finding that Payne's injury report was untimely and that Payne failed to rebut the presumption that his claim be denied pursuant to Wyo. Stat. Ann. § 27-14-502(c) (Michie June 1991 Rpl.). Specifically, the hearing examiner found that...

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