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ADAMS v. STATE EX REL. WKR'S SAFETY AND COMPENSATION DIVISION

No. 97-335.

975 P.2d 17 (1999)

In the Matter of the Worker's Compensation Claim of: David ADAMS, Appellant (Petitioner), v. STATE of Wyoming, ex rel., WYOMING WORKERS' SAFETY AND COMPENSATION DIVISION, Appellee (Respondent).

Supreme Court of Wyoming.

February 25, 1999.

Attorney(s) appearing for the Case

Donald L. Painter, Casper, for Appellant.

William U. Hill, Attorney General; John W. Renneisen, Deputy Attorney General; Gerald W. Laska, Senior Assistant Attorney General, for Appellee.

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

GOLDEN, Justice.

Appellant David Adams appeals the district court's affirmance of a hearing examiner's order denying his claim for an additional permanent disability award based upon loss in earnings.

We reverse and remand for a determination of award.

ISSUES

Adams presents the following issue for our review:

Whether, as a matter of law, Appellant's pre-injury wage of $6.25 per hour is comparable to his post-injury earning capacity...

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