Summary 2012 WY 141

Summary of Decision November 2, 2012

Chief Justice Kite delivered the opinion for the Court. Affirmed.

Case Name: IN THE MATTER OF THE WORKER’S COMPENSATION CLAIM OF: GORDON R. BILYEU, AN EMPLOYEE OF BABCOCK & WILCOX CONSTRUCTION, v. THE STATE OF WYOMING, ex rel., WYOMING WORKERS’ SAFETY AND COMPENSATION DIVISION

Docket Number: S-12-0051

URL: http://www.courts.state.wy.us/Opinions.aspx

Appeal from the District Court of Campbell County, Honorable Dan R. Price II, Judge

Representing Appellant (Plaintiff/Defendant): Andrew F. Sears of Murane & Bostwick, LLC, Casper, Wyoming

Representing Appellee (Plaintiff/Defendant): Gregory A. Phillips, Wyoming Attorney General; John D. Rossetti, Deputy Attorney General; Michael J. Finn, Senior Assistant Attorney General; Kelly Roseberry, Assistant Attorney General

Date of Decision: November 2, 2012

Facts: Gordon R. Bilyeu was injured in an accident while driving his motorcycle to work. He filed a claim for worker’s compensation benefits asserting that his injuries were covered because he sustained them while traveling to work and his employer reimbursed him for travel expenses. The Wyoming Worker’s Compensation Division (the Division) denied his claim. After a contested case hearing, the Office of Administrative Hearings (the OAH) also denied his claim. Mr. Bilyeu sought review of the OAH ruling in district court, which affirmed the denial. He appealed to this court claiming the OAH’s decision was contrary to the evidence because it ignored evidence showing that his employer reimbursed him for travel expenses.

Issues: The issue for this Court’s determination is whether the OAH’s conclusion that Mr. Bilyeu failed to meet his burden of proving he was reimbursed for travel expenses within the meaning of Wyo. Stat. Ann. § 27-14-102(a)(xi)(D) was contrary to the overwhelming weight of the evidence.

Holdings: The OAH’s conclusion that Mr. Bilyeu did not meet his burden of proving his employer reimbursed him for travel expenses was not contrary to the overwhelming weight of the evidence. Affirmed.

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

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