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STEWART v. STATE

No. 06-154.

155 P.3d 198 (2007)

2007 WY 58

David B. STEWART, Appellant (Employee/Petitioner), v. STATE of Wyoming, ex rel., WYOMING WORKERS' SAFETY AND COMPENSATION DIVISION, Appellee (Objector/Respondent).

Supreme Court of Wyoming.

April 11, 2007.

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; Kristi M. Radosevich, Assistant Attorney General.

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

BURKE, Justice.

[¶ 1] After undergoing surgery for a work-related injury, Mr. Stewart suffered an anoxic brain injury due to an accidental overdose of narcotic medications. Mr. Stewart sought worker's compensation benefits for the brain injury pursuant to the second compensable injury rule. The Office of Administrative Hearings ("OAH") denied benefits finding that the use of his wife's narcotic pain medication broke the chain of causation and, consequently, Mr...

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