Schossow v. State ex rel. Wyo. Workers’ Safety & Comp. Div.

Appellant Dawn Schossow injured her back while working as a nurse. Upon returning to work, Appellant requested permanent partial disability (PPD) benefits pursuant to Wyo. Stat. Ann. 27-14-405(h), which governs the availability of PPD benefits and sets out the elements an injured worker must prove to qualify to receive the benefits. Appellant's request was denied. The Office of Administrative Hearings (OAH) upheld the denial of benefits, and the district court affirmed the OAH's decision. On appeal, Appellant contended that the OAH hearing examiner erred as a matter of law in interpreting section 27-14-405(h)(i) and that the hearing examiner's decision was not supported by substantial evidence. The Supreme Court affirmed, holding (1) the hearing examiner properly applied the statute in assessing what wage to use when determining Appellant's PPD eligibility; and (2) the hearing examiner's conclusion that Appellant was capable of earning ninety-five percent of her pre-injury wage, and thus was not eligible for PPD benefits, was supported by substantial evidence. View "Schossow v. State ex rel. Wyo. Workers' Safety & Comp. Div." on Justia Law