Summary 2013 WY 23

Summary of Decision February 22, 2013


Justice Voigt delivered the opinion for the Court. Affirmed.

Case Name: IN THE MATTER OF THE WORKER’S COMPENSATION CLAIM OF: NICOLLE HEIKKILA, AN EMPLOYEE OF SIGNAL MOUNTAIN LODGE v. SIGNAL MOUNTAIN LODGE

Docket Number: S-12-0137

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

Appeal from the District Court of Teton County, Honorable Timothy C. Day, Judge.

Representing Appellant: Sky D. Phifer, Phifer Law Office, Lander, Wyoming

Representing Appellee: George Santini, Ross, Ross, & Santini, LLC, Cheyenne, Wyoming.

Date of Decision: February 22, 2013

Facts: The Wyoming Workers’ Safety and Compensation Division (Division) determined that Nicolle Heikkila, the appellant, suffered a compensable injury while employed by Signal Mountain Lodge. The lodge filed an objection to that determination and requested a hearing with the Office of Administrative Hearings (OAH). The appellant filed a motion to dismiss that objection on the grounds that the objection had been improperly filed. The OAH denied that motion and determined that the appellant had not suffered a compensable injury. The appellant filed a petition for review to the district court, arguing that her motion to dismiss was improperly denied. The district court affirmed the decision of the OAH.

Issues: Did Signal Mountain Lodge properly file an objection to the Division’s Final Determination of Compensability?

Holdings: Signal Mountain Lodge objected to the Division’s Final Determination of Compensability regarding an injury supposedly suffered by the appellant. The appellant argued that the objection was invalid because Signal Mountain Lodge is not a proper party to the action. The Court disagreed. Signal Mountain Lodge is the identified employer and paid the necessary contributions under the Act. The Court affirmed.

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

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