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

KITE, Justice.

[¶ 1] After a work related injury, Gilbert A. Abeyta (Abeyta) applied for and received permanent partial disability benefits under the Wyoming Worker’s Compensation Act, Wyo. Stat. Ann. § 27-14-101, et seq. Mr. Abeyta then applied for a permanent partial disability award based on loss of earning capacity. The Wyoming Worker’s Compensation Division (Division) denied Mr. Abey-ta’s claim, finding he failed to prove he “actively sought suitable work” within the meaning of Wyo. Stat. Ann. § 27-14-405(h)(iii) (LexisNexis 2003). Mr. Abeyta objected, a hearing was held and the hearing…