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Kunkle v. State4/14/2005
cipal place of business within the state established for legitimate business-related purposes; and
(ii) The employee regularly works at or from that place of business.
(emphasis added).
[ ] Mr. Kunkle argues that the legislature's use of the term "this act" in the first phrase refers to the entire Wyoming Workers' Compensation Act and thus that phrase simply restates the general purpose of the act as a whole. He contends the remainder of the statute addresses out-of-state employment. We can agree that the second phrase of subsection (a), which refers to injuries occurring outside of the state, and subsections (i) and (ii) do not apply to injuries such as Mr. Kunkle's which occur in the state. However, his argument ignores the complete language of the first phrase which states, " his act applies to all injuries and deaths occurring in Wyoming in employment described in W.S. 27-14-108(a), (d), (e), (j), (k) or (m)if the employment is principally localized in Wyoming . . ." § 27-14-301(a) (emphasis added). Ignoring the requirement that employment must be principally localized in Wyoming disregards our well-established case law, which requires we give full effect to the plain language chosen by the legislature.
[ ] However, when all of the workers' compensation statutes are read together, we perceive a conflict between the apparent intent to cover all employees working in the state and the requirement of § 27-14-301 that the act is applicable to injuries occurring in the state only if the employment is "principally located in Wyoming." The structure of the workers' compensation system seems to be focused upon providing all employees in ultra-hazardous jobs an exclusive remedy for any injury, no matter where the employer resides or whether the employer obtained coverage and paid the required premiums. See Wyo. Stat. Ann. § 27-14-102(a)(vii) (LexisNexis 2003) defining employee as any person engaged in extrahazardous employment; Wyo. Stat. Ann. § 27-14-102(a)(viii) (LexisNexis 2003) defining employer as any person employing an employee engaged in extrahazardous employment or who elects coverage without limitation as to residence; Wyo. Stat. Ann. § 27-14-102(a)(xi) (LexisNexis 2003) defining injury without limitation to where it occurred; Wyo. Stat. Ann. § 27-14-203(a) (LexisNexis 2003) which allows the state to recover against employers who do not obtain and pay for coverage for benefits paid to injured employees (inferring employees are covered irrespective of whether employer has coverage); Wyo. Stat. Ann. § 27-14-108(g)(iv) (LexisNexis 2003) which provides the act does not apply to itinerant employers without a fixed base of operation in the state, but also provides this section does not prohibit coverage of any resident employee performing substantially all his services within the state (inferring such employees are eligible for benefits). However, the issue of the inconsistency of § 27-14-301(a) with the rest of the act was not raised below, and therefore, we will not address it here. In addition, we need not address it in resolving this case because the record supports the conclusion that Mr. Kunkle's employment was principally located in Wyoming and thus the requirement of § 27-14-301 was met and he was entitled to benefits.
[ ] Based upon a thorough review of the entire record, we agree with Mr. Kunkle that his employment was principally localized in Wyoming because Demler had "a principal place of business in Wyoming," thus complying with § 27-14-301(a) and entitling Mr. Kunkle to benefits. Section 27-14-301(b) defines "employment principally localized" as where "the employer has a principal place of business within the state established for legitimate bu
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