Title 27, Title 27 — Labor And Employment

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 (a) Repealed by Laws 1994, ch. 86, § 3. (b) Repealed by Laws 1994, ch. 86, § 3.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 (d) Repealed by Laws 1994, ch. 86, § 3.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…

Administrative determination for compensation; copies to employer and auditor; warrants for payment. Any administrative determination for compensation to an injured employee or his dependents shall be transmitted by the division to the employer. The division shall transmit a cert…

Appeal by employee; costs. If an appeal to the district court is prosecuted on behalf of the employee, the employee or attorney representing the employee shall order a record of the proceedings at the hearing to be supplied by the hearing examiner without cost to the employee. An…

Appeal by employer; stay of award. If an appeal is prosecuted on behalf of the employer, the record of the proceedings at the original hearing shall be supplied without cost to the employer. An electronic recording of the proceedings may serve as the official transcript but upon …

Direct appeal by director from any order; stay of execution; costs. The director may appeal to the district court from any order or judgment of the hearing examiner awarding compensation or declining to award compensation although he was not a party to the proceedings before the …

Appointment of attorneys for court proceedings; fees. The district court may appoint an attorney to represent the employee during proceedings in the district court and appeal to the supreme court. The district court may allow the attorney a reasonable fee for his services at the …

Medical commission; hearing panels; creation; membership; duties; rulemaking. (a) The medical commission is created to consist of eleven (11) health care providers appointed by the governor as follows: (i) Seven (7) licensed physicians appointed from a list of not less than fourt…

Administrative or program costs reasonably available or legally allowable under the federal Rehabilitation Act of 1973, as amended, shall not be advanced or reimbursed pursuant to this subsection. (f) Proceeds from the sale of revenue bonds issued under W.S. 27-14-704, together w…

Worker's compensation account established; investments; administrative expenses; rehabilitation expenses; worker's compensation claims payment account established for worker's compensation revenue bond proceeds. (a) Except as provided under subsection (f) of this section, all mon…

No garnishment, attachment or execution on unpaid award. Except as provided under W.S. 27-14-703, no money paid or payable under this act prior to issuance and delivery of the warrant therefor shall be assigned, charged or taken in execution or by garnishment. Any such assignment…

Disclosure of child support obligations required; notification; amount withheld; payment; applicability of provisions. (a) An injured employee filing a claim for benefits payable under this act shall disclose if he owes child support obligations enforced pursuant to a plan descri…

Worker's compensation revenue bonds; department determination; issuance by state loan and investment board; bonding procedure, terms and conditions. (a) The department may upon determining that the issuance of revenue bonds would be financially beneficial to the worker's compensa…

Duties of director. (a) Repealed by Laws 1990, ch. 63, § 3. (b) Repealed by Laws 1990, ch. 63, § 3. (c) Repealed by Laws 1990, ch. 63, § 3. (d) The director may provide for the investigation of facts and circumstances regarding any claim filed under this act. To carry out investi…

Rulemaking power; fees; state's average wages; vocational rehabilitation; contracts with clerks of district court. (a) The director may adopt rules and regulations for administration of this act. The director shall by rule and regulation establish criteria for qualification of re…

Investigatory powers; examination of employer's records; subpoenas. (a) In addition to W.S. 27-14-801(d) and if the administrator has reason to believe that an employee, employer, health care provider or any representative thereof has engaged in any activity in violation of this …

Statistical compilation; annual report and projection; additional reporting requirements. (a) The director shall: (i) Secure and compile statistical information concerning injuries occurring in employment, showing the number of injuries or fatalities occurring in the employment a…

Confidentiality of information; unlawful disclosure; exception. (a) Except as otherwise provided by this act, information obtained from any employer or covered employee pursuant to reporting requirements under this act or investigations conducted under W.S. 27-14-803 shall not be…

Experience rating manipulation; penalties. (a) A person who knowingly, or with deliberate ignorance or reckless disregard of the true facts or the requirements of this act, violates or attempts to violate the requirements of W.S. 27-14-207 or any other provision of this act relat…

Short title. This act shall be known and may be cited as the "Aaron Booker Firefighter Cancer Screening Act."

Cancer screenings for firefighters; requirements. (a) As used in this section, "firefighter" means a person who has been employed or has volunteered as a firefighter for not less than ten (10) years and is classified as a firefighter member as defined by W.S. 9-3-402(a)(xxv), a p…

Definitions. (a) As used in this act: (i) "Firefighter" means a paid fireman defined under W.S. 15-5-201(a)(xi), a firefighter member under W.S. 9-3-402(a)(xxv), an employee under W.S. 15-5-402(a)(viii), a volunteer fireman defined under W.S. 15-5-201(a)(xiv) and a volunteer fire…

Presumption of occupational disability; applicability; exceptions. (a) A firefighter who suffers from a listed disease is presumed to have developed that listed disease during the course and scope of employment. The listed disease is presumed to be an occupational disease, the do…

Presumption rebuttal. A person opposed to the award of benefits or compensation listed under W.S. 27-15-102(b) may rebut the presumption under this act through a showing by a preponderance of the evidence that a risk factor, accident, hazard or other cause not associated with the…