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IN RE OSENBAUGH

No. 99-330.

10 P.3d 544 (2000)

Matter of the Worker's Compensation Claim of Kendall L. OSENBAUGH, An employee of Big O Tires Stores: Kendall L. Osenbaugh, Appellant (Petitioner), v. State of Wyoming ex rel. Wyoming Workers' Safety And Compensation Division, Appellee (Respondent).

Supreme Court of Wyoming.

August 17, 2000.

Attorney(s) appearing for the Case

Representing Appellant: George Santini of Ross, Ross & Santini, LLC, Cheyenne, Wyoming.

Representing Appellee: Gay Woodhouse, Attorney General; John W. Renneisen, Deputy Attorney General; Gerald W. Laska, Senior Assistant Attorney General; and Bernard P. Haggerty, Senior Assistant Attorney General.

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

KITE, Justice.

Kendall L. Osenbaugh applied for modification of his award of temporary total disability (TTD) benefits on the grounds of increased incapacity. After a contested case proceeding, the Office of Administrative Hearings denied the application because Osenbaugh did not have additional surgery. We conclude the Office of Administrative Hearings incorrectly ruled that Osenbaugh's request was governed by Wyo. Stat. Ann. § 27-14-404 (Michie 1991) (amended...

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