Title 27, Title 27 — Labor And Employment

Short title; statement of intent. (a) This act may be cited as the "Wyoming Worker's Compensation Act". (b) It is the intent of the legislature in creating the Wyoming worker's compensation division that the laws administered by it to provide a worker's benefit system be interpre…

Definitions. (a) As used in this act: (i) "Artificial replacement" means the addition of an artificial part to the human body which replaces a part lost, damaged or in need of correction, excluding any personal item, artificial heart, automobile or the remodeling of an automobile…

Exclusive remedy as to employer; nonliability of co-employees; no relief from liability; rights as to delinquent or noncontributing employer. (a) The rights and remedies provided in this act for an employee including any joint employee, and his dependents for injuries incurred in…

Action against third party; notice; subrogation; legal representation; payment under reservation of rights; actions by department. (a) If an employee covered by this act receives an injury under circumstances creating a legal liability in some person other than the employer to pa…

Minor employee to be free of any legal disability. A minor shall be deemed free of any legal disability for the purposes of this act and no other person has any cause of action or right to compensation for his injury except as expressly provided in this act.

Collective system for county governments or county governmental entities. The division, upon application, may allow county governments or county governmental entities to establish a collective system to report payroll, pay premiums, process injury reports, manage claims and provi…

Student learner agreements. (a) A Wyoming school district, community college or technical school and an employer may enter into a student learner agreement for the purposes of providing student learners vocational work and training opportunities and for student learners to earn c…

Any employer electing to report under a consolidated account shall provide written notice to the division of its intent. The election shall remain in effect for one (1) year or until withdrawn in writing, whichever occurs later. Any employer or joint employer contributing as requ…

Rates and classifications; rate surcharge. (a) The worker's compensation program shall be neither more nor less than self-supporting. Employments affected by this act shall be divided by the division into classes, whose rates may be readjusted annually as the division actuarially…

Premium payments; payroll reports; department authority to establish joint reporting; remedies for incorrect earnings categorizations by employers. (a) Except as provided under subsection (e) of this section, each employer shall forward to the division on forms provided by the di…

Failure of employer to make payments; interest; lien; injunction; nonexclusive remedies. (a) Any employer not applying for coverage of eligible employees or, after obtaining coverage under this act, any employer failing, neglecting or refusing to make payments required by this ac…

Coverage of out-of-state injuries; filing. (a) Repealed By Laws 1997, ch. 177, § 2. (b) The payment or award of benefits under the worker's compensation law of another state to an employee or his dependents otherwise entitled on account of the injury or death to the benefits of t…

State contributions; presumed pay of specified employees. (a) State agencies shall administer this act as an employer with respect to its employees including filing payroll reports and submitting premium payments for those employees engaged in extrahazardous employment and covere…

Public contract work; coverage procedure; responsibility on private contracts. (a) If the state, county, University of Wyoming, community college district, school district, special district or municipality engages in work in which employees are employed for wages and if the work …

Employer registration required; person acquiring trade of another employer; transfer of experience and assignment of rates; out of state employers. (a) Any employer subject to this act shall not commence business or engage in work in this state without applying for coverage under…

Applicability of provisions; reciprocity. (a) This act applies to all injuries and deaths occurring in Wyoming in employment described in W.S. 27-14-108(a), (d), (e), (j), (k) or (m) but applies to injuries and deaths occurring in Wyoming to employees of nonresident employers onl…

Required reporting; security required for certain nonresident employers. (a) Nonresident employers before starting work, and from time to time after the work has been commenced, shall report to the director the nature and progress of the work, the location of the work and the num…

Contract with nonresident conditioned upon compliance. A contract shall not be let to a nonresident employer for work or services within the state until the contributions provided by this act have been paid.

Return of deposit to nonresident employer after cessation of operations. Money, bonds or other security deposited pursuant to this act shall be returned to the nonresident employer in accordance with W.S. 27-1-106.

Secretary of state designated agent for service of process. Nonresident employers upon engaging in any covered employment, unless they designate a resident agent for service of process, shall be deemed from the date of the commencement of work to have designated the secretary of …

Extraterritorial applicability of provisions; reciprocity. (a) Repealed By Laws 1997, ch. 177, § 2. (b) A certificate from an authorized officer of the worker's compensation department or similar agency of another state certifying that an employer of that state is bound by the wo…

Penalty for failure to post bond. The willful failure of any nonresident employer in a covered employment to give bond or other security required by this act constitutes a misdemeanor, punishable by a fine of not more than five thousand dollars ($5,000.00), imprisonment for not m…

Medical, hospital and ambulance expenses; review of claim; employer and division designated providers; contracts for bill review, case management and related programs; air ambulance reimbursement. (a) The expense of medical and hospital care of an injured employee shall be paid f…

Payment for artificial replacement. In addition to payment of medical and hospital care provided by this act, an injured employee may receive payment for essential and adequate artificial replacement of any part of the body which is amputated. If the injury requires artificial re…

Awards generally; method of payment. (a) In addition to payment of medical and hospital care and artificial replacement, an injured employee and his dependents may be entitled to one (1) or more awards for: (i) Temporary total disability or temporary light duty; (ii) Permanent pa…

Temporary total disability; benefits; determination of eligibility; exceptions for volunteers or prisoners; period of certification limited; temporary light duty employment. (a) If after a compensable injury is sustained and as a result of the injury the employee is subject to te…

Permanent partial disability; benefits; schedule; permanent disfigurement; disputed ratings. (a) Repealed by Laws 1994, ch. 86, § 3. (b) Repealed by Laws 1994, ch. 86, § 3. (c) Renumbered as (k) by Laws 1994, ch. 86, § 2. (d) Repealed by Laws 1994, ch. 86, § 3. (e) Renumbered as …

Permanent total disability; benefits. (a) Subject to W.S. 27-14-602, upon certification by a physician licensed to practice surgery or medicine that an injury results in permanent total disability as defined under W.S. 27-14-102(a)(xvi), an injured employee shall receive for eigh…

Forfeiture of benefits due to unsanitary or injurious practice. If an injured employee knowingly engages or persists in an unsanitary or injurious practice which tends to imperil or retard his recovery, or if he refuses to submit to medical or surgical treatment reasonably essent…

Report by health care provider accepting cases; report of examination; recertification; bills; filing of claims. (a) Within thirty (30) days after accepting the case of an injured employee and within thirty (30) days after each examination or treatment, a health care provider or …

Employee's injury report to employer and division; presumption raised by failure to file report; release of information. (a) As soon as is practical but not later than seventy-two (72) hours after the general nature of the injury became apparent, an injured employee shall, in wri…

Statute of limitations. (a) A payment for benefits involving an injury which is the result of a single brief occurrence rather than occurring over a substantial period of time shall not be made unless in addition to the proper and timely filing of the injury reports, an applicati…

Amendment of employee's injury report. An employee's injury report may be amended at any time before an initial award is made in order that the employee may correctly set out the nature of his injury. Any amendment may be approved, disapproved or contested as if an original injur…

Tolling of statute of limitations while persons under disability. If an injured employee is mentally incompetent or a minor, or where death results from the injury and any of his dependents are mentally incompetent or minors, at the time when any right or privilege accrues under …

Employer's injury report; penalty for failure to report. (a) When an injury is reported by any employee, the employer shall file an employer's injury report with the division within ten (10) days after the date on which the employer is notified of the injury and he shall mail or …

Employer required to post notice. Each employer shall keep posted in a conspicuous place for employees a notice which shall be furnished by the division and which shall contain a brief summary of this act and procedures for filing claims. Each employer shall also keep a copy of t…

Blank form supplied by director; instructions to employees, employers and health care providers; training programs for clerks of court. (a) The director shall: (i) Prepare, print and supply free of charge any blank forms necessary in administering this act to be used insofar as p…

Autopsy may be required; procedure. Upon the filing of a claim for compensation for death for which an autopsy is necessary to accurately and scientifically ascertain and determine the cause of death, a hearing examiner may order an autopsy. The hearing examiner may designate a l…

Misrepresentations or false statements; failure of employer to establish account or furnish payroll report. (a) Any person who knowingly makes, authorizes or permits any misrepresentation or false statement to be made for the purpose of him or another person receiving payment of …

Recovery of benefits paid by mistake or fraud. The attorney general may bring a civil action to recover the value of any benefits or other monies paid under this act due to mistake, misrepresentation or fraud. The attorney general shall be entitled to recover the costs of suit an…

Payment or denial of claim by division; notice; objections; review and settlement of claims; filing fee; preauthorization of hospitalization or surgery. (a) Upon receipt, the division shall review the initial injury reports to determine if the injury or death resulting from injur…

Contested cases generally. (a) A hearing examiner designated by the office of administrative hearings created by W.S. 9-2-2201 shall conduct contested cases under this act in accordance with this section. (b) Upon receipt of a request for hearing from the division as provided in …

Burden of proof; required proof of circumstances; coronary conditions; hernia. (a) The burden of proof in contested cases involving injuries which occur over a substantial period of time is on the employee to prove by competent medical authority that his claim arose out of and in…

Examination by impartial health care provider; costs; report by nonresident provider. (a) In any contested proceeding, the hearing examiner may appoint a duly qualified impartial health care provider to examine the employee and give testimony. The fee for the service shall be as …

Application for modification of benefits; time limitation; grounds; termination of case; exceptions. (a) If a determination is made in favor of or on behalf of an employee for any benefits under this act, an application may be made to the division by any party within four (4) yea…

Determination and awards are administrative determination as to all parties; notice and hearing requirements. Each determination or award within the meaning of this act is an administrative determination of the rights of the employer, the employee and the disposition of money wit…

Rights of director to defend against claim; no waiver. The director or his designee may for any reason appear before the hearing examiner or in the district court and defend against any claim and shall in all respects have the same rights of defense as the employer. Failure to co…

Attorney fees; penalty for violation. (a) If the hearing examiner under W.S. 27-14-602(d) or the district court or supreme court under W.S. 27-14-615 set a fee for any person for representing a claimant under this act excluding a health care provider, the person shall not receive…

Periodic review of temporary total award; physical examination after temporary total award; purpose; report to division. (a) The division shall review every award for temporary total disability under W.S. 27-14-404 at least once every six (6) months. Upon request by the employer …

Health care providers required to testify; refusal; privilege inapplicable. If directed under this act, any health care provider providing professional attention to an employee may be required to testify before the hearing examiner or any court, provide written reports and attend…