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DALE v. S & S BUILDERS, LLC

No. S-07-0145.

188 P.3d 554 (2008)

2008 WY 84

In the Matter of the Worker's Compensation Claim of Bradley M. DALE, Appellant (Petitioner), v. S & S Builders, LLC, Appellee (Employer), and State of Wyoming, ex rel., Wyoming Workers' Safety and Compensation Division, Appellee (Respondent).

Supreme Court of Wyoming.

July 18, 2008.

Attorney(s) appearing for the Case

Representing Appellant: Lynn Boak, Cheyenne, Wyoming.

Representing Appellee S & S Builders, LLC: J. Stan Wolfe, Gillette, Wyoming.

Representing Appellee State of Wyoming ex rel. Wyo. Workers' Safety & Comp. Div.: Bruce A. Salzburg, Wyoming Attorney General; John W. Renneisen, Deputy Attorney General; Steven R. Czoschke, Senior Assistant Attorney General; Kristi M. Radosevich, Assistant Attorney General.

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

KITE, Justice.

[¶ 1] Bradley M. Dale appeals from the district court's order affirming the Office of Administrative Hearings (OAH) denial of his claim for worker's compensation benefits related to an infection in his right knee. Contrary to Mr. Dale's contention, the OAH did not commit a fundamental error by comparing his testimony during two parts of the contested case hearing. In addition, the OAH decision was supported by substantial evidence. We affirm.<...

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