Smith v. State Ex Rel. Wyoming Workers' Safety & Compensation Division

TAYLOR, Justice.

Appellant, Denise F. Smith (Smith), underwent surgery shortly after she accepted a permanent partial disability award. She then sought to re-institute her temporary total disability benefits, claiming her acceptance of permanent benefits was premised on her erroneous belief that it would not preclude her receipt of future temporary disability payments. Finding no cognizable “mistake” under Wyo. Stat. § 27-14-605(a) (1997), the hearing examiner denied her request. We affirm.

I. ISSUES

Two questions were identified in the certification of this case by the district court pursuant…