Legal Opinion · Dissent

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

Wyoming Supreme Court

Decided August 24, 2011No. S-10-0243Published

1DissentBurke, Justice

[T 15] I respectfully dissent because I disagree with the majority's conclusion that compensability of the claimant's injury hinges on the meaning of the word "transported," as that term is used in Wyo. Stat. Ann. § 27-14-102(a)(xi)(D). Instead, when an employee is reimbursed for travel expenses or is transported by an employer's vehicle, as in this case, we must determine whether the claimant's injury was sustained "during travel." I conclude that the claimant's injury did arise "during travel," and that the claimant has satisfied the general test for compensability by establishing a "causal…

2Cases cited10 opinions

  1. Railworks, Inc. v. NaylorWyoming Supreme Court · 1986
  2. F. W. A. Drilling Co. v. UlerySupreme Court of Oklahoma · 1973
  3. Berg v. State ex rel. Wyoming Workers' Safety & Compensation DivisionWyoming Supreme Court · 2005
  4. Shelest v. State Ex Rel. Wyoming Workers' Safety & Compensation DivisionWyoming Supreme Court · 2010
  5. State Lottery Commission v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 1996

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