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Shaffer v. State6/24/1998
Appellant William Shaffer (the claimant) appeals from the district court's order which affirmed the hearing examiner's dismissal of his worker's compensation case.
We affirm.
ISSUES
The claimant presents two issues for our review:
Where William Shaffer mistakenly checked the box marked "independent contractor" on a worker's compensation injury report at his employer's direction, and was therefore denied worker['s] compensation benefits, should he be given a hearing on his application to reopen his case to correct the mistake or fraud?
Was the hearing examiner's summary dismissal of Shaffer's application to reopen his case in accordance with law?
FACTS
On August 27, 1991, the claimant sustained an injury while he was at work. In his injury report, he stated that he was a truck driver, and he indicated that he was an independent contractor. The claimant had been driving for Underwood Oil and Gas Company for approximately two months when the injury occurred. Appellee Wyoming Workers' Safety and Compensation Division (the division) issued an initial review on September 16, 1991, denying the claimant's request for benefits on the basis that he was an independent contractor and did not, therefore, fall within the statutory definition of "employee." The claimant did not object to this determination.
On August 22, 1995, nearly four years after he was injured, the claimant filed an application for a modification of benefits pursuant to WYO. STAT. § 27-14-605(a) (1997) and an affidavit in support of his application. He claimed that he was entitled to reopen his case because he was an employee of Underwood Oil and Gas Company when he was injured and that he had indicated he was an independent contractor on his injury report only because his supervisor had directed him to do so. He maintained that he was, therefore, entitled to receive worker's compensation benefits for his 1991 injury. The division denied the claimant's application, and the case was referred to the Office of Administrative Hearings.
The division filed a motion, seeking to have the case dismissed and a summary disposition of the claimant's application rendered in its favor. It argued that the claimant was not entitled to reopen his case because he had not previously been awarded worker's compensation benefits and there was, consequently, nothing to be modified under § 27-14-605(a). After holding a hearing, the hearing examiner granted the division's motion. The claimant appealed to the district court, and the district court affirmed the hearing examiner's decision. The claimant perfected his appeal to the Wyoming Supreme Court.
DISCUSSION
A. Standard of Review
WYO. STAT. § 16-3-114(c) (1997) governs the judicial review of an agency action. See also W.R.A.P. 12.09(a). When a worker's compensation case comes before the Wyoming Supreme Court, we do not accord special deference to the district court's decision. Cabral v. Caspar Building Systems, Inc., 920 P.2d 268, 269 (Wyo. 1996). We review the case as if it had come directly from the hearing examiner. Id.
Summary judgments are available in worker's compensation cases. Neal v. Caballo Rojo, Inc., 899 P.2d 56, 58-59 (Wyo. 1995). A summary judgment should be granted when no genuine issue of material fact exists and the moving party is entitled to have a judgment as a matter of law. 899 P.2d at 62; see also W.R.C.P. 56(c). No disputed issues of fact were presented in this case; therefore, we are required to review only the hearing examiner's conclusions of law. We do not give deference to those conclusions of law. Newt
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