Legal Opinion

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

Wyoming Supreme Court

Decided September 16, 2005No. 04-248PublishedCited by 28 opinions

1Opinion of the Court

BURKE, Justice.

[11] Leroy Carabajal appeals from an Order Denying Benefits and Granting Petition to Modify issued by the Office of Admin*949istrative Hearings (OAH). Upon our review, we find that the hearing examiner erred as a matter of law in failing to apply the second compensable injury rule in determining whether Mr. Carabajal was entitled to workers' compensation benefits. Accordingly, we reverse and remand for reconsideration.

ISSUES

[12] We restate the issues presented by Mr. Carabajal as follows:

1. Did the hearing examiner err in failing to apply the second compensable injury rule?

The…

2Cases cited15 opinions

  1. Baldwin v. ScullionWyoming Supreme Court · 1936
  2. Jim's Water Service v. EayrsWyoming Supreme Court · 1979
  3. Casper Oil Co. v. EvensonWyoming Supreme Court · 1995
  4. Pino v. State ex rel. Wyoming Workers' Safety & Compensation DivisionWyoming Supreme Court · 2000
  5. Worker's Compensation Claim of Yenne-Tully v. Workers' Safety & Compensation Division, Department of EmploymentWyoming Supreme Court · 2000

10 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. Kenyon v. State ex rel. Wyoming Workers' Safety & Compensation DivisionWyoming Supreme Court · 2011
  2. Taylor v. State Ex Rel. Wyoming Workers' Safety & Compensation DivisionWyoming Supreme Court · 2005
  3. Worker's Compensation Claim of Guerrero v. State ex rel. Department of Workforce Services, Workers' Compensation DivisionWyoming Supreme Court · 2015
  4. Ball v. State Ex Rel. Wyoming Workers' Safety & Compensation DivisionWyoming Supreme Court · 2010
  5. Chavez v. State ex rel. Wyoming Workers' Safety & Compensation DivisionWyoming Supreme Court · 2009

23 more not listed; retrieve them via the Exa API.

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