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IN RE YENNE-TULLY v. WORKERS' SAFETY AND COMPENSATION DIVISION

No. 99-208.

12 P.3d 170 (2000)

In the Matter of the Worker's Compensation Claim of Brett C. YENNE-TULLY, Appellant (Petitioner), v. WORKERS' SAFETY AND COMPENSATION DIVISION, DEPARTMENT OF EMPLOYMENT, State of Wyoming, Appellee (Respondent).

Supreme Court of Wyoming.

September 29, 2000.

Attorney(s) appearing for the Case

Representing Appellant: Donald L. Painter, Casper, WY. Argument by Mr. Painter.

Representing Appellee: Gay Woodhouse, Attorney General; Gerald W. Laska, Senior Assistant Attorney General; and Bernard P. Haggerty, Senior Assistant Attorney General. Argument by Mr. Haggerty.

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

LEHMAN, Chief Justice.

Brett C. Yenne-Tully (Yenne-Tully) appeals a denial of workers' compensation benefits. Finding that the Hearing Examiner failed to apply the correct burden of proof, we reverse the Order Denying Benefits and remand for reconsideration.

ISSUES

Yenne-Tully presents this statement of the issues:

1. Whether the Hearing Examiner correctly invoked the burden of proof under W.S.1977 § 27-14-603(a). 2...

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