State ex rel. Wyoming Workers' Safety & Compensation Division v. Jackson

LEHMAN, Chief Justice.

The question presented is whether, under the Wyoming Worker’s Compensation Act, collateral estoppel may be premised on an uncontested denial of a claim by the Worker’s Compensation Division (Division). Relying on Tenorio v. State, ex rel. Workers’ Compensation Div., 931 P.2d 234, 237 (Wyo.1997), we conclude that an uncontested denial of a claim by the Division will not be given collateral estoppel effect in subsequent proceedings for outstanding claims. We affirm the hearing examiner’s order awarding benefits.

ISSUES

We adopt the injured worker’s statement of the issue:

Did…