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

[¶ 24] I respectfully dissent because I am not convinced that we should continue to recognize or apply the now dated and largely discredited rule that we adopted in Smith v. Husky Terminal Restaurant, Inc., 762 P.2d 1193, 1196-97 (Wyo.1988). Moreover, even if this Court is to continue to recognize that rule, it is my view that it does not apply to the circumstances of this case. In Smith, we set out the rule in these terms:

Considering this precedent, it is apparent that there are limited situations in which an employer can put on evidence to refute an employee’s preponderance showing that the…