Curnow v. State ex rel. Wyoming Workers' Compensation Division

THOMAS, Justice.

The question in this case is whether John Curnow (Curnow) met his statutorily imposed duty of establishing “by clear and convincing evidence a lack of prejudice to the employer or division in investigating the accident and in monitoring medical treatment.” Wyo.Stat. § 27-14-502(c) (1991). The statute requires an employee to report an injury to his employer within seventy-two hours after the general nature of the injury becomes apparent and, within ten days, file the report in the office of the clerk of court. The hearing examiner found Curnow had failed to meet the statutory…