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

KITE, Justice.

[¶ 1] Eleanor L. Perry appeals from the district court’s order affirming the Office of Administrative Hearings’ (OAH) denial of her claim for worker’s compensation benefits. The OAH hearing examiner denied her claim in accordance with the test enunciated in Smith v. Husky Terminal Restaurant, Inc., 762 P.2d 1193 (Wyo.1988), because she was injured while violating a safety regulation. We conclude OAH properly applied the Smith test to Ms. Perry’s claim and there was substantial evidence to support OAH’s factual findings. Consequently, we affirm.

ISSUES

[¶ 2] Ms. Perry articulates a…