Summary 2006 WY 15

Summary of Decision issued January 24, 2006.

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Case Name: Alcorn v. Sauer Drilling Co.

Citation: 2006 WY 15

Docket Number: 05-51

Appeal from the District Court of Sweetwater County, the Honorable Jere Ryckman, Judge.

Representing Appellant (Employee/Claimant): Donald J. Rissler, Rissler & Gosar & Bundy, Riverton, Wyoming.

Representing Appellee (Employer/Respondent and the State of Wyoming Workers' Safety and Compensation Division): Stephenson D. Emery, of Williams, Porter, Day & Neville; Patrick J. Crank, Attorney General; John W. Renneisen, Deputy Attorney General; Steven R. Czoschke, Senior Assistant Attorney General; Kristi M. Radosevich, Assistant Attorney General.

Date of Decision: January 24, 2006

Issues: Whether the hearing officer erred in denying Appellant’s claim for TTD benefits because he failed to comply with applicable filing requirements.

Holdings: Temporary total disability is defined as that period of time an employee is temporarily and totally incapacitated from performing employment at any gainful employment or occupation for which he is reasonably suited by experience or training. The period of temporary total disability terminates at the time the employee completely recovers or qualifies for benefits under W.S. 27-14-405 or 27-14-406. The purpose of temporary total disability benefits is to provide income for an employee during the time of healing from his injury and until his condition has stabilized. In order to be entitled to TTD benefits, a claimant must: (1) obtain a treating healthcare provider's certification that he is temporarily totally disabled; and (2) file the claim for TTD benefits within sixty (60) days of the first day of certified disability. At the contested case hearing, Appellant conceded that, for the time period in dispute, he did not file a TTD claim within 60 days of the first day of certified disability. He contended, however, that he was excused from compliance with the statutory filing requirements because his case was "pending before the Division as a contested case.". In June 1995, the Division terminated TTD benefits because, in its opinion, the employee had reached maximum medical improvement. The employee appealed this determination. While the appeal was pending, the employee failed to re-certify for TTD benefits. The OAH determined that the employee had not reached maximum medical improvement and, despite the employee's noncompliance with the re-certification requirements, awarded the employee retroactive benefits for the time during which the appeal had been pending. The applicable statutes and rules are not silent regarding the procedural requirements which must be met by a claimant for an initial award of TTD benefits. The unambiguous language of the pertinent statutes and rules requires timely filing of the TTD claim and certification by a healthcare provider. A claimant's failure to file a timely claim limits the Division's opportunity to effectively monitor and evaluate a claimant's entitlement to TTD benefits. The failure to properly file an initial TTD claim also undermines an employer's right to offer light duty work to the employee in lieu of TTD benefits. Based upon the foregoing, the OAH properly denied Mr. Alcorn's claim for retroactive TTD benefits on the basis that Mr. Appellant failed to file a timely TTD claim properly certified by one of his healthcare providers for the time period at issue.


The decision of the district court is affirmed.

J. Burke delivered the opinion for the court.

Link to the case: http://tinyurl.com/7tdou .