Howton v. State Ex Rel. Wyoming Worker's Compensation Division

LEHMAN, Justice.

Appellant Douglas A. Howton appeals from a denial of his attempt to modify his worker’s compensation award based on an alleged mistake in the calculation of that award.

We affirm.

Appellant raises three issues:

Issue 1

Was the Hearing Examiner’s decision arbitrary and capricious or otherwise not in accordance with the law[?]

a. The Division’s failure to abide by its own rules and regulations is per se arbitrary and capricious making the Hearing Examiner’s decision to deny modification per se arbitrary and capricious.

b. The Employee-Claimant was able to prove that a mistake had…