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Kunkle v. State4/14/2005
[ ] Justin C. Kunkle filed a claim for workers' compensation benefits claiming he was injured while working in Teton County for Shane Demler Masonry (Demler), a Utah based construction company. The Wyoming Workers' Compensation Division (Division) denied Mr. Kunkle's claim, he objected and, after a hearing, the Office of Administrative Hearings (OAH) also denied his claim, finding that Mr. Kunkle did not meet his burden of proof and that Demler "was not an employer principally located in Wyoming." Mr. Kunkle appealed to the district court, which affirmed the denial of benefits, and he now appeals to this Court. We reverse.
ISSUES
[ ] Mr. Kunkle presents a single issue for review:
The Office of Administrative Hearings erred as a matter of law by applying W.S. [§27-14-301] to this case, and further, by interpreting this statute in a manner that resulted in the denial of workers' compensation coverage.
The State rephrases the issue as follows:
Whether the Hearing Examiner's denial of Workers' Compensation coverage, to an employee of a non-resident employer who has no principal place of business in Wyoming, is in accordance with law.
FACTS
[ ] On January 21, 2002, Demler hired Mr. Kunkle to work as a stone mason on the Four Seasons Hotel in Teton Village, a project which lasted over a year. Demler is a Utah company and was contracted to provide masonry services to the project. On the same day Demler hired Mr. Kunkle, he injured his right knee when he fell from icy scaffolding and landed on a heater, twisting his knee and tearing ligaments. Mr. Kunkle reported the injury to his foreman and was taken to St. John's Hospital in Jackson. Following treatment at the hospital, Mr. Kunkle was given a leg brace and prescribed physical therapy. No surgery was performed.
[ ] Mr. Kunkle's physician certified temporary total disability from January 21, 2002, to March 26, 2002, and he applied for both Utah and Wyoming workers' compensation benefits. The Utah workers' compensation division denied Mr. Kunkle's claim on February 13, 2002. Likewise, on March 20, 2002, the Division issued a final determination concluding, "pursuant to Wyoming Statute 27-14-301(a)(i), coverage is required only if the principal place of business is localized in Wyoming. Shane Demler Masonry did not elect to obtain coverage for Wyoming residents on the date of injury."
[ ] Mr. Kunkle objected to the Division's determination and a hearing was held. At the hearing, Mr. Kunkle contended that Demler's contacts within Wyoming established that Demler was not a temporary employer, but rather was required to obtain workers' compensation coverage in Wyoming. However, the hearing examiner affirmed the Division's denial of benefits, concluding that "[Demler] was not an employer principally located in Wyoming, and [Mr. Kunkle] should not receive benefits under the Wyoming Workers' Compensation Act."
[ ] Mr. Kunkle timely filed with the district court a petition for review of the hearing examiner's order. On March 11, 2004, the district court affirmed the order and Mr. Kunkle now appeals.
STANDARD OF REVIEW
[ ] We review agency action following contested case hearings in accordance with Wyo. Stat. Ann. § 16-3-114(c) (LexisNexis 2003), which provides as follows:
(c) To the extent necessary to make a decision and when presented, the reviewing court shall decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of an agency action. In making the following determinations, the court shall review the whole reco
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