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GOE v. STATE EX REL. WORKER'S COMP. DIV.

No. 00-114.

38 P.3d 1063 (2002)

2002 WY 6

In the Matter of the Worker's Compensation Claim of: Bryan T. GOE, Appellant (Petitioner/Employee), v. STATE of Wyoming, ex rel., WYOMING WORKER'S COMPENSATION DIVISION, Appellee (Respondent/Objector).

Supreme Court of Wyoming.

January 22, 2002.

Attorney(s) appearing for the Case

F. Gaston Gosar of Nicholas Law Office, LLC, Riverton, WY. Argument by Mr. Gosar, Representing Appellant.

Gay Woodhouse, Attorney General; Gerald W. Laska, Senior Assistant Attorney General; and David L. Delicath, Assistant Attorney General. Argument by Mr. Delicath, Representing Appellee.

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

LEHMAN, Chief Justice.

[¶ 1] Appellant Bryan T. Goe, Jr. appeals from the order of the district court which affirmed the Office of Administrative Hearing's (OAH) decision to average his monthly wages and to exclude gratuities in calculating his temporary total disability (TTD) benefits.

[¶ 2] We affirm in part and reverse and remand in part.

ISSUES

[¶ 3] Goe presents three issues...

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