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SELLERS v. STATE WKRS. SAFETY & COMP. DIV.

No. 97-199.

979 P.2d 959 (1999)

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

Supreme Court of Wyoming.

May 21, 1999.

Attorney(s) appearing for the Case

Michael D. Newman of Honaker, Hampton & Newman, Rock Springs, WY. Argument by Mr. Newman, Representing Appellant.

William U. Hill, Attorney General; Gerald W. Laska, Senior Assistant Attorney General; and Bernard P. Haggerty, Assistant Attorney General. Argument by Mr. Haggerty, Representing Appellee.

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

LEHMAN, Chief Justice.

Appellant Karen Sellers injured her lumbar spine while exiting her work vehicle. Worker's Compensation Division (Division) denied Sellers' request for benefits, stating that exiting a vehicle is an activity of day-to-day living and, therefore, not compensable under § 27-14-102(a)(xi)(G) of the Worker's Compensation Act (Act). The hearing examiner agreed and denied benefits. Because we hold that an activity that is under the employer's control...

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