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KUNKLE v. STATE EX REL. WORKERS' COMP. DIV.

No. 04-131.

109 P.3d 887 (2005)

2005 WY 49

In The Matter of the Workers' Compensation Claim of Justin C. KUNKLE, Appellant (Petitioner), v. STATE of Wyoming, ex rel., WYOMING WORKERS' SAFETY AND COMPENSATION DIVISION, Appellee (Respondent).

Supreme Court of Wyoming.

April 14, 2005.

Attorney(s) appearing for the Case

Representing Appellant: David M. Gosar, Jackson, Wyoming.

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

Before HILL, C.J., and GOLDEN, KITE, and VOIGT, JJ., and STEBNER, D.J., Retired.

KITE, Justice.

[¶ 1] Justin C. Kunkle filed a claim for workers' compensation benefits claiming he was injured while working in Teton County for Shane Demler Masonry (Demler), a Utah based construction company. The Wyoming Workers' Compensation Division (Division) denied Mr. Kunkle's claim, he objected and, after a hearing, the Office of Administrative Hearings (OAH) also denied his claim, finding that Mr. Kunkle did not meet his burden of proof and that Demler...

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