Legal Opinion · Dissent

Svoboda v. Wyoming State Treasurer ex rel. Worker's Compensation Division

Wyoming Supreme Court

Decided August 31, 1979No. 5112Published

1DissentRaper, Chief Justice

I dissent.

I cannot understand reasoning which defies the direction of § 4, Art. X, Wyoming Constitution authorizing the establishment of a worker’s compensation program with payment to injured employees “except in case of injuries due solely to the culpable negligence of the injured employee,” § 27— 12-102(aXxii)(C) defining “injury” as excluding “[ijnjury due solely to the culpable negligence of the injured employee,” and § 27-12-103(a) which excludes employees from the “rights and remedies” of the Wyoming Worker’s Compensation Act when “culpably negligent.” Culpable negligence of the…

2Cases cited9 opinions

  1. Kvenild v. TaylorWyoming Supreme Court · 1979
  2. True v. Hi-Plains Elevator MacHinery, Inc.Wyoming Supreme Court · 1978
  3. Diamond Management Corp. v. Empire Gas Corp.Wyoming Supreme Court · 1979
  4. Jankovsky v. Halladay MotorsWyoming Supreme Court · 1971
  5. Wyoming State Treasurer Ex Rel. Worker's Compensation Division v. SvobodaWyoming Supreme Court · 1978

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