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DECKER v. STATE EX REL. WORKERS' SAFETY

No. S-12-0250.

303 P.3d 1134 (2013)

2013 WY 75

In the Matter of the Worker's Compensation Claim of Daniel L. DECKER, Appellant (Claimant/Petitioner), v. STATE of Wyoming, ex rel., WORKERS' SAFETY AND COMPENSATION DIVISION, Appellee (Respondent).

Supreme Court of Wyoming.

June 18, 2013.

Attorney(s) appearing for the Case

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

Representing Appellee: Gregory A. Phillips , Wyoming Attorney General; John D. Rossetti , Deputy Attorney General; Michael J. Finn , Senior Assistant Attorney General; Kelly Roseberry , Assistant Attorney General.

Before KITE, C.J., and HILL, VOIGT, DAVIS, JJ, and GOLDEN, J., Retired.

VOIGT, Justice.

[¶ 1] Daniel L. Decker, the appellant, applied for a permanent partial disability award. The Wyoming Worker's Safety and Compensation Division's (Division) denial of that application was upheld by the Office of Administrative Hearings (OAH) on the basis that the appellant failed to show that he was unable to return to work at a wage at least 95% of his earnings at the time of his injury. The district...

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