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RICE v. STATE EX REL. WORKERS' SAFETY AND COMP. DIV.

No. 00-133.

19 P.3d 508 (2001)

2001 WY 21

In the Matter of the Worker's Compensation Claim of David RICE, Appellant (Petitioner/ Employee-Claimant), v. STATE of Wyoming ex rel. WYOMING WORKERS' SAFETY AND COMPENSATION DIVISION, Appellee (Respondent).

Supreme Court of Wyoming.

February 28, 2001.

Attorney(s) appearing for the Case

Representing Appellant: Donald L. Painter, Casper, WY.

Representing Appellee: Gay Woodhouse, Wyoming Attorney General; John W. Renneisen, Deputy Attorney General; Gerald L. Laska, Senior Assistant Attorney General; David L. Delicath, Assistant Attorney General. Argument by Mr. Delicath.

Before LEHMAN, C.J., and THOMAS, GOLDEN, KITE, JJ., and SPANGLER, D.J. (Ret.).

GOLDEN, Justice.

[¶ 1] Appellant David Rice was denied worker's compensation benefits for a claim of injury resulting from chemical exposure, and he appeals. Following a hearing, the hearing examiner found that Rice neither timely filed an injury report nor proved by a preponderance of the evidence all elements of his claim. We hold that the finding that his injury report was not timely filed is clearly contrary to the weight of the evidence, but uphold the conclusion...

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