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DAN'S SUPERMARKET v. PATE

No. 00-226.

33 P.3d 1121 (2001)

2001 WY 104

DAN'S SUPERMARKET, Appellant (Petitioner), and State of Wyoming ex rel. Wyoming Workers' Safety and Compensation Division, Appellant (Petitioner), v. Constance K. PATE, Appellee (Respondent).

Supreme Court of Wyoming.

November 2, 2001.

Attorney(s) appearing for the Case

Kate M. Fox of Davis & Cannon, Cheyenne, Wyoming, Representing Appellant Dan's Supermarket.

Gay Woodhouse, Wyoming Attorney General; John W. Renneisen, Deputy Attorney General; Gerald L. Laska, Senior Assistant Attorney General; David L. Delicath, Assistant Attorney General, Representing Appellant State of Wyoming ex rel. Wyoming Workers' Safety and Compensation Division. Argument by Mr. Delicath.

R. Douglas Dumbrill, Gillette, Wyoming, Representing Appellee.

Before LEHMAN, C.J., GOLDEN, HILL, and KITE, JJ.; and SPANGLER, D.J. (Retired).

GOLDEN, Justice.

[¶ 1] Appellants Dan's Supermarket (Employer) and the Wyoming Workers' Safety and Compensation Division (Division) challenge the payment of benefits to Appellee Constance K. Pate (Pate) for a 1996 work-related injury suffered while employed by Employer, contending that the hearing examiner improperly charged them with the burden of proving that Pate had suffered a new injury while working for another employer. Following a hearing, the hearing...

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