In re Worker’s Compensation Claim of James A. Hall

Wyo. Stat. Ann. 27-14-605 does not bar a claimant from receiving temporary total disability benefits for a second compensable injury when he has not filed a claim for benefits on his original injury within four years.Six years after receiving workers’ compensation benefits for a workplace injury to his right knee, James Hall underwent another knee surgery that was approved by the Workers’ Compensation Division. The Division denied Hall’s application for temporary total disability (TTD) benefits, concluding that, under section 27-14-605(b), Hall was not entitled to TTD benefits related to the surgery after not seeking benefits on his original injury for over four years. The Office of Administrative Hearings (OAH), however, concluded that section 27-14-605 did not govern Hall’s claim because Hall suffered a second compensable injury that section 27-14-605 did not control and that Hall was entitled to TTD benefits as a matter of law. The district court affirmed. The Supreme Court affirmed, holding that Hall suffered a second compensable injury and was therefore entitled to TTD benefits pursuant to Wyo. Stat. Ann. 27-14-404(a). View "In re Worker's Compensation Claim of James A. Hall" on Justia Law