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

No. 06-22.

152 P.3d 394 (2007)

2007 WY 31

STATE of Wyoming, ex rel., WYOMING WORKERS' SAFETY AND COMPENSATION DIVISION; and FMC Corporation, Appellants (Petitioner/Employer), v. Lawrence FAULKNER, Appellee (Respondent).

Supreme Court of Wyoming.

February 22, 2007.

Attorney(s) appearing for the Case

Representing Appellants: Patrick J. Crank, Attorney General; John W. Renneisen, Deputy Attorney General; Steven Czoschke, Senior Assistant Attorney General; Brandon W. Snyder and Thomas A. Thompson, of MacPherson, Kelly & Thompson, LLC, Rawlins, Wyoming; George Lemich, of Lemich Law Center, Rock Springs, Wyoming.

Representing Appellee: Michael D. Newman, Rock Springs, Wyoming.

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

BURKE, Justice.

[¶ 1] The Wyoming Workers' Compensation Division ("Division") and FMC Corporation ("Employer") challenge the Medical Commission's permanent partial impairment rating awarded to Mr. Faulkner. We affirm.

ISSUE

[¶ 2] The issue on appeal is:

Whether the Medical Commission erred as a matter of law in failing to allow apportionment of the employee-claimant's impairment award between his non-work related condition...

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