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

ROONEY, Justice,

Retired, specially concurring in part and dissenting in part.

I concur with the procedural holding of the majority opinion, i.e., that which holds that the hearing examiner lacked the power to give a summary judgment. See Jackson v. State ex rel. Wyoming Workers’ Compensation Division, 786 P.2d 874 (Wyo.1990). I find additional procedural error. I dissent from that held in the rest of the majority opinion — the substantive holding.

PROCEDURE

The improper entry of a summary judgment by the hearing examiner is an indication of her misunderstanding of her role in this proceeding.…