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McINTOSH v. STATE EX REL. WYOMING WORKERS' SAFETY AND COMPENSATION DIVISION

No. S-13-0035.

311 P.3d 608 (2013)

2013 WY 135

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

Supreme Court of Wyoming.

October 24, 2013.

Attorney(s) appearing for the Case

Representing Appellant: Margaret M. White of Karpan & White, 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, BURKE, and DAVIS, JJ.

DAVIS, Justice.

[¶ 1] Appellant Marty D. McIntosh worked as a roustabout for Kissack Oil Field Service in Gillette, Wyoming. He sustained a second to third-degree burn to his right foot while he was steam cleaning a pumping unit. His injury was determined to be compensable and he received a 5% impairment rating. He later experienced right foot pain and difficulty standing and wearing work boots, and he therefore applied for permanent total disability (PTD) benefits...

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