Krause v. State Ex Rel. Wyoming Workers' Compensation Division

In contesting the benefit award in this case, the Wyoming Workers' Compensation Division elected to proceed to hearing on a strategy based on cross-examination of contestant’s witnesses. Not done was the acquisition of factual education by requiring the claimant to submit to an “independent” physical examination by a department designated doctor.1

The state’s fund contest did not consist of affirmative evidence when only supported by cross-examination attack on the claimant’s evidence which, in itself, still provided no evidence. Oukrop v. Wasserburger, 755 P.2d 233 (Wyo.1988). The claimant’s…