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HARBORTH v. STATE EX REL. DWS

S-18-0003.

424 P.3d 1261 (2018)

2018 WY 99

In the Matter of the Worker's Compensation Claim of: Linda J. HARBORTH, Appellant (Petitioner), v. STATE of Wyoming, EX REL., DEPARTMENT OF WORKFORCE SERVICES, WORKERS' COMPENSATION DIVISION, Appellee (Respondent).

Supreme Court of Wyoming.

August 22, 2018.

Attorney(s) appearing for the Case

Representing Appellant: C. John Cotton , Cotton Law Offices, P.C., Gillette, Wyoming.

Representing Appellee: Peter K. Michael , Wyoming Attorney General; Daniel E. White , Deputy Attorney General; J.C. DeMers , Senior Assistant Attorney General; Michael J. Finn , Senior Assistant Attorney General; Kelly D. Mullen *, Assistant Attorney General. Argument by Ms. Mullen.

Before DAVIS, C.J., and BURKE, FOX, KAUTZ, and BOOMGAARDEN, JJ.

[¶ 1] Linda J. Harborth underwent artificial disc replacement to treat her work-related back injury. The Department of Workforce Services, Workers' Compensation Division, (the Division) denied benefits for the surgery because the artificial disc and the surgical procedure had not been approved by the U.S. Food and Drug Administration...

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