Justia Government & Administrative Law Opinion Summaries

In 1988, Appellant injured his lower back while working for a paving company. Appellant underwent lumbar surgery in 1989 and, afterward, did not require additional treatment for his back surgery for several years. In 2007, an internist diagnosed Appellant with an arthritic hip and recommended a hip replacement. Appellant submitted a bill for the office visit to the Wyoming Workers' Safety and Compensation Division, which declined to pay the bill on the grounds that the hip condition was unrelated to the original work injury. After a contested case hearing, an Office of Administrative Hearings hearing examiner found that Appellant's arthritic hip was not related to the original compensable injury, and therefore, Appellant was entitled to benefits. The district court affirmed. The Supreme Court affirmed, holding that substantial evidence supported the hearing examiner's findings and conclusions. View "Little v. State ex rel. Wyo. Workers' Safety & Comp. Div." on Justia Law

In 1996, Appellant suffered a work-related back injury and sought benefits from the Wyoming Workers' Safety and Compensation Division. In 2009, Appellant began to experience significant lower back pain after shoveling snow. Appellant attempted to reopen her 1996 worker's compensation case to obtain payment for treatment of her recent back pain. The Division refused to reopen the case and denied Appellant's claims for benefits because more than four years had passed since she last sought benefits for her 1996 injury and because she failed to show her current injury was directly related to the 1996 injury. After a contested case hearing, the Office of Administrative Hearings (OAH) upheld the decision. The district court affirmed. The Supreme Court affirmed the district court, holding (1) the OAH's decision was not contrary to law and was supported by substantial evidence; (2) the OAH hearing examiner did not act arbitrarily and capriciously or abuse his discretion; and (3) the hearing examiner's findings of fact were sufficient. View "Leavitt v. State ex rel. Wyo. Workers' Safety & Comp. Div." on Justia Law

Appellant, who suffered from cystic fibrosis, was employed as a police officer when he broke his hand during a training session. About a month later, Appellant was admitted to the hospital, where he was treated for "pneumonia, sinusitis with cystic fibrosis." The Workers' Safety and Compensation Division granted benefits for the medical treatment associated with Appellant's broken hand but denied benefits for his hospitalization and associated treatment on the grounds that the treatment for pneumonia and cystic fibrosis was not related to his work injury. The Office of Administrative Hearings (OAH) upheld the denial of benefits, and the district court affirmed. The Supreme Court affirmed, holding that the OAH did not err by failing to find a causal connection between Appellant's work injury and his later medical conditions. View "Hayes v. State ex rel. Wyo. Workers' Safety & Comp. Div." on Justia Law

Appellant owned and operated two mobile home parks. In 2000, Appellant changed its practice of including in the rent it charged tenants the cost of water it purchased from the City for the tenants' use. Instead, Appellant installed water meters on each trailer lot and began charging tenants for water usage separately from their rent. In 2008, the Public Service Commission (PSC) determined that Appellant was a public utility and therefore subject to regulation by the PSC. The district court affirmed. The Supreme Court affirmed, holding (1) because Appellant metered a commodity utility to its tenants, it was a public utility under Wyoming law and therefore subject to PSC regulation; and (2) PSC's regulation of Appellant did not violate Appellant's equal protection rights. View "Gosar's Unlimited Inc. v. Wyo. Pub. Serv. Comm'n" on Justia Law

Appellant was arrested for driving under the influence of a controlled substance (DUI) after he was stopped for failing to use his turn signal. Appellant refused to submit to chemical testing. The Wyoming Department of Transportation subsequently suspended Appellant's driver's license for six months. The Office of Administrative Hearings (OAH) upheld the suspension. The district court affirmed. The Supreme Court reversed the OAH order upholding the suspension of Appellant's driver's license, holding that the OAH's conclusion that probable cause existed to arrest Appellant for DUI was clearly contrary to the overwhelming weight of the evidence. View "Vogt v. State ex rel. Dep't of Transp." on Justia Law

In 2004, Appellant suffered an injury to his lumbar spine while in the course and scope of his employment. Appellant applied for and received workers' compensation benefits for the injury. In 2005, Appellant accepted compensation for twenty-one percent whole body permanent partial impairment (PPI). After Appellant underwent additional surgery to his lumbar spine in 2010, Appellant received a final rating of seven percent whole body PPI. Because the 2010 PPI evaluation resulted in a rating that was less than the 2005 rating, the Workers' Compensation Division denied a PPI award beyond the twenty-one percent already paid. The Medical Commission upheld the Division's determination. The district court affirmed. The Supreme Court affirmed, holding that the Commission's decision denying Appellant's request for a higher PPI rating was in accordance with law, was supported by substantial evidence, and was not arbitrary and capricious. View "In re Worker's Comp. Claim of Green" on Justia Law

Western Wyoming Construction Company (WWC) submitted a bid for a highway project in Sublette County. The Board of County Commissioners of Sublette County (Commissioners) awarded the contract to another resident contractor whose bid was higher than WWC's. WWC filed a complaint in district court for an order awarding it the contract for the project. The district court granted summary judgment in favor of the Commissioners. At issue on appeal was whether Wyo. Stat. 16-6-102(a) required the Commissioners to award the contract to the responsible certified Wyoming resident making the lowest bid. The Supreme Court reversed, holding (1) section 16-6-102 has no application in the context of two resident contractors; and (2) because no evidence was presented showing where the funds came from to pay for the project, (i) there could be no finding as to what statutory provision, if any, was applicable, and (ii) a judicial determination as to the appropriateness of the bid award was not possible. Remanded. View "W. Wyo. Constr. Co., Inc. v. Bd. of County Comm'rs" on Justia Law

The Wyoming Workers' Safety and Compensation Division awarded benefits to Appellant after he experienced a workplace injury. The Division denied Appellant's claim for payment for prescription medication he alleged was related to his workplace injury. The Medical Commission upheld the Division's determination, and the district court affirmed. The Supreme Court affirmed, holding (1) the Commission's decision upholding the Division's denial of benefits was supported by substantial evidence; and (2) the Commission applied the proper burden of proof for a second compensable injury when it required Appellant to establish a causal connection between his abdominal pain and his ingestion of the prescription medication at issue. View "Jacobs v. State ex rel. Wyo. Workers' Safety & Comp. Div." on Justia Law

Appellant was charged while driving under the influence. The Wyoming Department of Transportation suspended Appellant's driver's license. Appellant appealed, arguing that she had not been properly advised as to implied consent. The Office of Administrative Hearings upheld the suspension. Appellant sought review of the administrative suspension in the district court, raising a number of constitutional challenges to a municipal criminal ordinance in addition to the claim that she had not been properly advised under the implied consent statute. The district court concluded (1) the constitutional issues raised by Appellant had not and could have been raised in the administrative hearing, and therefore, the court lacked jurisdiction to consider the claims; and (2) Appellant was properly advised as to implied consent. The Supreme Court affirmed, holding (1) the hearing officer correctly determined that Appellant was properly advised as required by statute; and (2) Appellant's other claims were not and could have been presented in a license suspension proceeding. View "Walters v. State ex rel. Wyo. Dep't of Transp." on Justia Law

The manager of the Wyoming Universal Service Fund (WUSF) filed confidential reports with the Wyoming Public Service Commission (PSC) containing his recommendations for the WUSF assessment level for fiscal years 2009 and 2010. Upon notice from the PSC that public hearings would be held to consider the manager's reports, Qwest asked for contested case hearings. The PSC denied Qwest's requests, concluding that WUSF proceedings are legislative in nature. The PSC subsequently issued orders establishing the WUSF assessment levels as recommended by the manager. The Office of Consumer Advocate and Qwest filed petitions for review of the PSC order. The district court held that the PSC erred in denying Qwest's requests for contested case hearings, reversed the administrative orders, and ordered portions of the 2009 data to be provided to Qwest but denied the request for 2010 data. Four notices of appeal from the district court's order were filed. The Supreme Court affirmed, holding that Qwest was entitled to contested case hearings before the PSC. Remanded for contested case hearings. View "Pub. Serv. Comm'n of Wyo. v. Qwest Corp." on Justia Law