BAXTER v. SINCLAIR OIL CORP.

No. 03-229.

100 P.3d 427 (2004)

2004 WY 138

In the Matter of the Worker's Compensation Claim of Rial BAXTER, Appellant (Petitioner/Employee-Claimant), v. SINCLAIR OIL CORPORATION, Appellee (Respondent/Employer-Objector), and State of Wyoming, ex rel., Wyoming Workers' Safety and Compensation Division, Appellee (Respondent/Objector-Defendant).

Supreme Court of Wyoming.

November 10, 2004.


Attorney(s) appearing for the Case

Representing Appellant: Bernard Q. Phelan, Phelan-Watson Law Office, Cheyenne, Wyoming.

Representing Appellee Sinclair Oil Corporation: Catherine MacPherson of MacPherson, Kelly & Thompson, LLC, Rawlins, Wyoming.

Representing Appellee State of Wyoming: Patrick J. Crank, Wyoming Attorney General; John W. Renneisen, Deputy Attorney General; Steven R. Czoschke, Senior Assistant Attorney General; Kristi M. Radosevich, Assistant Attorney General. Argument by Ms. Radosevich.

Before HILL, C.J., and GOLDEN, LEHMAN, and VOIGT, JJ., and KAUTZ, D.J.


GOLDEN, Justice.

[¶ 1] The primary issue presented in this appeal is whether the hearing examiner erred by denying worker's compensation benefits to Appellant Rial Baxter for his lower back pain even though two experts had testified that Baxter's condition was work-related. Baxter had claimed his back pain was caused by a material aggravation of a preexisting condition, but the hearing examiner rejected this theory because it found the medical expert opinion...

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