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CHAVEZ v. MEMORIAL HOSP. OF SWEETWATER

No. 05-190.

138 P.3d 185 (2006)

2006 WY 82

In the Matter of the Worker's Compensation Claim of Lena CHAVEZ, Appellant (Petitioner/Appellant), v. MEMORIAL HOSPITAL OF SWEETWATER COUNTY, Appellee (Employer) State of Wyoming, ex rel., Wyoming Workers' Safety and Compensation Division, Appellee (Respondent/Appellee).

Supreme Court of Wyoming.

July 13, 2006.

Attorney(s) appearing for the Case

Representing Appellant: István Harton of Steve Harton, P.C., Rock Springs, Wyoming.

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

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

KITE, Justice.

[¶ 1] Lena Chavez challenges the Office of Administrative Hearings' (OAH) summary judgment order denying her claim for permanent partial disability (PPD) benefits. The hearing examiner decided, as a matter of law, Ms. Chavez had not suffered a loss of earning capacity because: (1) a vocational evaluation indicated she could return to work at a wage of at least 95% of her pre-injury wage; and (2) she had accepted a job in Scottsbluff, Nebraska at...

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