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IN RE ARMIJO

No. 03-170.

99 P.3d 445 (2004)

2004 WY 116

In the Matter of the Worker's Compensation Claim of Jerry ARMIJO, an Employee of TP Enterprises, Inc. State of Wyoming, ex rel., Wyoming Workers' Safety and Compensation Division, Appellant (Petitioner), v. Jerry Armijo, Appellee (Respondent).

Supreme Court of Wyoming.

October 20, 2004.

Attorney(s) appearing for the Case

Representing Appellant: J.C. DeMers, Special Assistant Attorney General.

Representing Appellee: Michael K. Kelly, Laramie, Wyoming.

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

HILL, Chief Justice.

[¶ 1] The Wyoming Workers' Safety and Compensation Division (Division), challenges an order of the district court that affirmed a decision of the Office of Administrative Hearings (OAH) awarding benefits to an injured worker, Jerry Armijo (Armijo). The Division contends Armijo did not meet his burden of showing that he was injured in the course and scope of his employment, and/or that his injury was a preexisting condition. We will affirm...

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