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In re Workers' Compensation Claim of Eaton

Supreme Court of Wyoming

August 17, 2015

IN THE MATTER OF THE WORKERS' COMPENSATION CLAIM OF: SHERI EATON, Appellant, (Petitioner)
v.
STATE OF WYOMING ex rel. DEPARTMENT OF WORKFORCE SERVICES, WORKERS' COMPENSATION DIVISION, Appellee (Respondent)

Appeal from the District Court of Washakie County. The Honorable Robert E. Skar, Judge.

For Appellant: Donna D. Domonkos, Domonkos Law Office, LLC, Cheyenne, Wyoming.

For Appellee: Peter K. Michael, Wyoming Attorney General; John D. Rossetti, Deputy Attorney General; Michael J. Finn, Senior Assistant Attorney General; Samantha Caselli, Assistant Attorney General.

Before BURKE, C.J., and HILL, KITE[*], DAVIS, FOX, JJ.

OPINION

DAVIS, Justice.

[¶1] The Wyoming Workers' Compensation Division (Division) denied several benefits and bills submitted by Sheri Eaton, which she claimed were related to a 2010 workplace injury resulting from an incident

Page 766

there. Ms. Eaton then requested a contested case hearing before the Office of Administrative Hearings (OAH). After considering the evidence presented, the OAH determined that Ms. Eaton did not prove that her injury was related to the workplace event. It also upheld the final determination by the Division ceasing payments for temporary total disability benefits and mental health treatment six months after reaching maximum medical improvement. Ms. Eaton then appealed to the district court, which affirmed the OAH's decision.

[¶2] Ms. Eaton challenges the district court's decision in this appeal. She claims the hearing examiner's decision to uphold the Division's determination is unsupported by substantial evidence and is arbitrary and capricious.

[¶3] After examining the briefs, appellate record, and controlling law, this Court has determined unanimously to enter an abbreviated opinion affirming the district court's order pursuant to W.R.A.P. 9.06.[1]

ISSUES

[¶4] Ms. Eaton states the issues on appeal as follows:

1. Whether the OAH's decision is supported by substantial evidence.
2. Whether the decision of the OAH denying Ms. Eaton's request for benefits is ...

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