Summary 2008 WY 59

Summary of Decision issued June 2, 2008

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

Case Name: State v. Johnson

Citation: 2008 WY 59

Docket Number: S-07-0106

Appeal from the District Court of Lincoln County, the Honorable Dennis L. Sanderson, Judge.

Representing Appellant (Respondent/Objector): Patrick J. Crank, Wyoming Attorney General; John W. Renneisen, Deputy Attorney General; Steven R. Czoschke, Senior Assistant Attorney General; and Kristi M. Radovich, Assistant Attorney General.

Representing Appellee (Petitioner/Claimant)): George Santini of Ross, Ross & Santini, LLC, Cheyenne, Wyoming.

Facts/Discussion: The Workers’ Safety and Compensation Division appealed the district court Order Reversing the Decision of the Hearing Officer in a workers’ compensation case. The district court reversed an OAH decision upholding the Division’s denial of permanent total disability (PTD) benefits to Johnson.

The record showed the hearing examiner clearly considered Johnson’s wife’s income when he determined Johnson’s eligibility for benefits. The plain language of the statute as well as subsequent legislative action support the conclusion that “household income” can only refer to the household income of the employee.

Holding: The Division erred when it considered Johnson’s wife’s income as part of “household income” attributable to an employee under Wyo. Stat. Ann. § 27-14-403(g). The Court affirmed the district court’s Order Reversing the Decision of the Hearing Officer and remanded the matter to the district court for remand to the Division.

Affirmed.

C.J. Voigt delivered the decision.

Link: http://tinyurl.com/5omegj .

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