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McINTOSH v. STATE EX REL. WYO. MED. COM'N

No. 06-113.

162 P.3d 483 (2007)

2007 WY 108

In the Matter of the Worker's Compensation Claim of Terry McINTOSH, Appellant (Petitioner), v. STATE of Wyoming ex rel. WYOMING MEDICAL COMMISSION; and Wyoming Workers' Safety and Compensation Division, Appellees (Respondents).

Supreme Court of Wyoming.

July 12, 2007.

Attorney(s) appearing for the Case

Representing Appellant: Bill G. Hibbler of Bill G. Hibbler, P.C., Cheyenne, Wyoming.

Representing Appellees: Patrick J. Crank, Wyoming Attorney General; John W. Renneisen, Deputy Attorney General; Steve Czoschke, Senior Assistant Attorney General; Keith J. Dodson, Legal Intern. Argument by Mr. Dodson.

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

KITE, Justice.

[¶ 1] Terry McIntosh filed a claim for benefits with the Workers' Compensation Division (the Division) alleging he had suffered a back injury at work. The Division determined his injury to be an aggravation of a pre-existing condition and awarded him benefits. Several months later, the Division determined that Mr. McIntosh's condition was pre-existing and declined payment of further benefits.

[¶ 2] Mr. McIntosh requested a hearing...

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