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KG CONST., INC. v. SHERMAN

No. 04-209.

120 P.3d 145 (2005)

2005 WY 116

KG CONSTRUCTION, INC., Appellant (Petitioner), v. Dale D. SHERMAN, Appellee (Respondent).

Supreme Court of Wyoming.

September 15, 2005.

Attorney(s) appearing for the Case

Representing Appellant: Jeremy D. Michaels of Michaels & Michaels, P.C., Gillette, Wyoming.

Representing Appellee: C. John Cotton of Cotton Law Offices, Gillette, Wyoming.

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

KITE, Justice.

[¶ 1] Dale Sherman worked as a truck driver for KG Construction, Inc. (KG) for over 20 years. In 2002, he began to suffer cervical problems and ultimately underwent surgery. The Workers' Compensation Division (Division) determined his injury was compensable and awarded him benefits. KG objected and a hearing was held by the Office of Administrative Hearings (OAH) which found Mr. Sherman was entitled to temporary total disability benefits because...

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