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WHEELER v. STATE EX REL. WYOMING WORKERS' SAFETY & COMP. DIV.

No. S-10-0041.

245 P.3d 811 (2010)

2010 WY 161

In the Matter of the Worker's Compensation Claim of Abe S. WHEELER, Appellant (Petitioner), v. STATE of Wyoming, ex rel., WYOMING WORKERS' SAFETY AND COMPENSATION DIVISION, Appellee (Respondent).

Supreme Court of Wyoming.

December 10, 2010.

Attorney(s) appearing for the Case

Representing Appellant: Michael D. Newman , Hampton & Newman, L.C., Rock Springs, Wyoming; Donna D. Domonkos , Cheyenne, Wyoming; George Santini , Ross, Ross & Santini, LLC, Cheyenne, Wyoming.

Representing Appellee: Bruce A. Salzburg , Wyoming Attorney General; John W. Renneisen , Deputy Attorney General; James Michael Causey , Senior Assistant Attorney General; Kelly Roseberry , Assistant Attorney General.

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

KITE, Chief Justice.

[¶ 1] Mr. Wheeler developed post traumatic stress disorder (PTSD) and major depressive disorder (MDD) after two of his fellow volunteer firefighters died in an explosion. He appeals from the district court's order affirming the Office of Administrative Hearing's (OAH) denial of worker's compensation benefits for treatment of his PTSD and MDD. Concluding that the OAH properly applied the statutory language which excludes benefits for a mental...

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