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SMITH v. STATE EX REL. WYOMING WORKERS' SAFETY AND COMP. DIV.

No. 97-290.

965 P.2d 687 (1998)

In the Matter of the Worker's Compensation Claim of Denise F. SMITH, Appellant (Petitioner), v. STATE of Wyoming, ex rel., WYOMING WORKERS' SAFETY AND COMPENSATION DIVISION, Appellee (Respondent).

Supreme Court of Wyoming.

October 14, 1998.

Attorney(s) appearing for the Case

R. Michael Vang of Kirkwood, Nelson & Vang, Laramie, for Appellant (Petitioner).

William U. Hill, Attorney General; John W. Renneisen, Deputy Attorney General; Gerald W. Laska, Senior Assistant Attorney General; and Bernard P. Haggerty, Assistant Attorney General, Cheyenne, for Appellee (Respondent).

Before LEHMAN, C.J., and THOMAS, MACY, GOLDEN and TAYLOR, JJ.

TAYLOR, Justice.

Appellant, Denise F. Smith (Smith), underwent surgery shortly after she accepted a permanent partial disability award. She then sought to re-institute her temporary total disability benefits, claiming her acceptance of permanent benefits was premised on her erroneous belief that it would not preclude her receipt of future temporary disability payments. Finding no cognizable "mistake" under Wyo. Stat. § 27-14-605(a) (1997), the hearing examiner...

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