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Carrillo v. State ex rel Wyoming Workers' Compensation Division3/10/2005
onsistency and predictability. Conversely, a statute is ambiguous if it is found to be vague or uncertain and subject to varying interpretations. Ultimately, whether a statute is ambiguous is a matter of law to be determined by the court.
When a statute is sufficiently clear and unambiguous, we give effect to the plain and ordinary meaning of the words and do not resort to the rules of statutory construction. Instead, our inquiry revolves around the ordinary and obvious meaning of the words employed according to their arrangement and connection. In doing so, we view the statute as a whole in order to ascertain its intent and general purpose and also the meaning of each part. We give effect to every word, clause and sentence and construe all components of a statute in pari materia."
In re SJJ, 2005 WY 3, 20, 104 P.3d 74, 80 (Wyo. 2005) (quoting Yeager v. Forbes, 2003 WY 134, 13, 78 P.3d 241, 246 (Wyo. 2003)).
[ ] With regard to the plain meaning of the word "any" we have said, "' he common and ordinary understanding of the word is that it means all or every'" and "' ecessarily it gives to the language employed a broad and comprehensive grasp.'" Garton v. State, 910 P.2d 1348, 1353 (Wyo. 1996) (quoting McKay v. Equitable Life Assur. Soc. of U.S., 421 P.2d 166, 169 (Wyo. 1966)). In Garton, the statute under review permitted a charge of felony stalking in the event that the defendant committed stalking "'in violation of any condition of probation . . ..'" Garton, 910 P.2d at 1352 (quoting Wyo. Stat. Ann. § 6-2-506(d) and (e) (Supp. 1995)) (emphasis added). The issue in McKay was an insurance policy provision that allowed the insurer to deduct from payments to the insured benefits provided under any other plan "'toward the cost of which any employer makes contributions . . ..'" McKay, 421 P.2d at 167 (emphasis added).
[ ] In both Garton and McKay, we concluded that the unambiguous and ordinary meaning of the word "any" when used in such a broad sense is "all or every," and that, to give the word a more restrictive meaning would require us to insert limitations not included by the legislature. Garton, 910 P.2d at 1352-53; McKay, 421 P.2d at 169. This, of course, we are not free to do. We find that the word "any" in the vocational rehabilitation statute is used in the same manner, and has the same unambiguous meaning, and we further find that the statute unambiguously requires that in order to qualify for vocational rehabilitation benefits under Wyo. Stat. Ann. § 27-14-408(a)(ii), the applicant must demonstrate that she is unable to return to all occupations for which she had prior training or experience and in which she was gainfully employed in the past three years.
CONCLUSION
[ ] Because Carrillo is able to return to two occupations for which she had previous training or experience and in which she was gainfully employed during the three years prior to her injury, she is precluded from receiving vocational rehabilitation benefits under Wyo. Stat. Ann. § 27-14-408(a)(ii).
[ ] Affirmed.
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