Summary 2014 WY 35

Summary of Decision March 11, 2014

Justice Burke delivered the opinion for the Court. Affirmed.

Case Name: IN THE MATTER OF THE WORKER’S COMPENSATION CLAIM OF TARA L. KOBIELUSZ: CIRCLE C RESOURCES, INC. v. TARA L. KOBIELUSZ, and STATE OF WYOMING, ex rel., WYOMING WORKERS’ SAFETY AND COMPENSATION DIVISION

Docket Number: S-13-0085

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

Appeal from the District Court of Natrona County the Honorable Catherine E. Wilking, Judge

Representing Appellant: Keith R. Nachbar, Keith R. Nachbar, P.C., Casper, Wyoming.

Representing Appellee, Tara L. Kobielusz: P. Craig Silva, Williams, Porter, Day and Neville, P.C., Casper, Wyoming.

Representing Appellee, Wyoming Workers’ Safety and Compensation Division: No appearance.

Date of Decision: March 11, 2014

Facts: Appellant, Circle C Resources, Inc. (“Circle C”), challenges a decision from the Office of Administrative Hearings awarding worker’s compensation benefits to Appellee, Tara Kobielusz. Circle C contends the hearing examiner erred in finding that Ms. Kobielusz was Circle C’s employee, rather than an independent contractor.

Issues: Was the hearing examiner’s determination that Ms. Kobielusz was not an independent contractor as defined by Wyo. Stat. Ann. § 27-14-102 (a)(xxiii) supported by substantial evidence?

Holdings/Conclusion: Ultimately, because the evidence supports the hearing examiner’s findings that none of the elements of Wyo. Stat. Ann. § 27-14-102(a)(xxiii) were satisfied in this case, we find no prejudice as a result of the hearing examiner’s analysis. Affirmed.

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

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