Summary 2006 WY 146

Summary of Decision issued November 13, 2006

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Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court

Case Name: Rodriguez v. State of Wyoming, ex rel., Wyoming Workers' Safety and Compensation Division

Citation: 2006 WY 146

Docket Number: 06-46

Appeal from the District Court of Laramie County, Honorable Peter G. Arnold, Judge

Representing Appellant (Petitioner): Guy P. Cleveland, of Cleveland Law Office, Cheyenne, Wyoming

Representing Appellee (Respondent): Patrick J. Crank, Attorney General; John W. Renneisen, Deputy Attorney General; Steven Czoschke, Senior Assistant Attorney General; Kristi M. Radosevich, Assistant Attorney General

Date of Decision: November 13, 2006

Issues: Whether in denying Appellant's claim for worker's compensation benefits the Office of Administrative Hearings (OAH) acted arbitrarily, capriciously, abused its discretion, or otherwise acted not in accordance with law within the meaning of W.S. § 16-3-114(c). Whether the OAH's erred in its determination that Appellant failed to meet her burden of proof.

Holdings: A party seeking judicial review of an administrative action must comply with the Wyoming Rules of Appellate Procedure. When a party fails to do so, the Court may refuse to consider the offending party's contentions; assess costs; dismiss the appeal; or affirm the lower court's or agency's decision. In the present action, the Appellant failed to provide any citation to the Wyoming Workers' Compensation Act or a specific provision contained therein pertinent to the issues of her case. She also failed to set forth the elements of her claim and did not cite to the record or provide relevant legal authority to support her contentions. The cumulative deficiencies result in a failure to present cogent argument. Additionally, it should be noted that Appellant's brief failed to comply, in multiple respects, with the requirements of W.R.A.P. 7.01. Therefore, the decision of the OAH is summarily affirmed.

J. Burke delivered the opinion for the court.

Link: http://tinyurl.com/yjsy6p .