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CARABAJAL v. STATE EX REL. WORKERS' SAFETY AND COMP. DIV.

No. 04-248.

119 P.3d 947 (2005)

2005 WY 119

Leroy CARABAJAL, Appellant (Petitioner), v. STATE of Wyoming, ex rel., WYOMING WORKERS' SAFETY AND COMPENSATION DIVISION, Appellee (Respondent).

Supreme Court of Wyoming.

September 16, 2005.

Attorney(s) appearing for the Case

Representing Appellant: Rick L. Koehmstedt of Schwartz, Bon, Walker & Studer, LLC, Casper, Wyoming.

Representing Appellee: Patrick J. Crank, Attorney General; John W. Renneisen, Deputy Attorney General; Steven R. Czoschke, Senior Assistant Attorney General; Kristi M. Radosevich, Assistant Attorney General.

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

BURKE, Justice.

[¶ 1] Leroy Carabajal appeals from an Order Denying Benefits and Granting Petition to Modify issued by the Office of Administrative Hearings (OAH). Upon our review, we find that the hearing examiner erred as a matter of law in failing to apply the second compensable injury rule in determining whether Mr. Carabajal was entitled to workers' compensation benefits. Accordingly, we reverse and remand for reconsideration...

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