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IN RE WORKER'S COMPENS. CLAIM OF MONTOYA

No. S-07-0203.

203 P.3d 1083 (2009)

2009 WY 32

In the Matter of The WORKER'S COMPENSATION CLAIM OF David J. MONTOYA, An Employee of Kennecott Energy Company: David J. Montoya, Appellant (Claimant), v. State of Wyoming ex rel. Wyoming Workers' Safety and Compensation Division, Appellee (Respondent).

Supreme Court of Wyoming.

March 6, 2009.

Attorney(s) appearing for the Case

Representing Appellant: Kenneth DeCock, Plains Law Offices, LLP, Gillette, Wyoming.

Representing Appellee: No appearance.

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

GOLDEN, Justice.

[¶ 1] David Montoya appeals the denial of his claim for worker's compensation benefits. Mr. Montoya claims that he suffered injuries from an accident during work-related activities that aggravated a preexisting medical condition. The Wyoming Workers' Compensation Division found Mr. Montoya's condition solely related to his preexisting condition. The Division's denial was upheld by the Office of Administrative Hearings (OAH). The OAH decision...

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