(Download) "Wright V. State Ex Rel. Workers' Safety" by Supreme Court of Wyoming # eBook PDF Kindle ePub Free
eBook details
- Title: Wright V. State Ex Rel. Workers' Safety
- Author : Supreme Court of Wyoming
- Release Date : January 02, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
The key issue in this case, in which review is sought of the denial of extended benefits for an injured workman, is whether the award of retrospective benefits is foreclosed because WYO. STAT. § 27-14-403(g) (1991) does not specifically provide authority for such an award. After achieving a remarkable recovery from a serious and disabling injury, George A. Wright (Wright) returned to the work force and enjoyed a successful career for several years. Ultimately, however, his injuries forced him to discontinue his employment, and a claim was filed for extended benefits pursuant to the statute. Those benefits were awarded, and Wright then filed claims for extended benefits for the two one year periods that preceded the period for which the benefits were awarded. The office of hearing examiners upheld the denial of these claims for benefits, ruling that the statute did not authorize retrospective award of extended benefits. A collateral debate occurs between the parties with respect to the application of limitations periods found in the Wyoming Workers' Compensation Act. We hold that the rule of liberal construction must be applied in favor of the injured workman when the statute is silent, and the hearing examiner erred in ruling that the claims must be denied because awards for retrospective benefits were not authorized under the statute. We also hold that no applicable statute of limitations forecloses the award of the extended benefits sought by Wright. The proceeding is reversed and remanded for the entry of an appropriate order in accordance with this decision.
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