7 Wyoming opinions name it 1 courts 1998–2022 2 in the last five years
The cases below were cited by Wyoming courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Bando v. Clure Bros. Furnituregreen1 sentence2022“Because of the mandatory ‘shall,’ the Division does not have an option; it must determine if a case is medically contested and, if it is, that case must be referred to the Medical Commission.” Bando v. Clure Brothers Furniture, 980 P.2d 323, 327-28 (Wyo. 1999) (citing Russell, 944 P.2d at 1155 ). | 1 | 1 |
Worker's Compensation Claim of Dale v. S & S Builders, LLCgreen2 sentences2010DISCUSSION Standard of Review [¥T14] The applicable standard of review is that set out in Dale v. S & S Builders, LLC, 2008 WY 84, ¶¶ 22-25 , 188 P.3d 554, 561 (Wyo.2008), and we set it out verbatim below: Thus, in the interests of simplifying the process of identifying the correct standard of review and bringing our approach closer to the original use of the two standards, we hold that henceforth the substantial evidence standard will be applied any time we review an evidentiary ruling. 2010DISCUSSION Standard of Review [¥T14] The applicable standard of review is that set out in Dale v. S & S Builders, LLC, 2008 WY 84, ¶¶ 22-25 , 188 P.3d 554, 561 (Wyo.2008), and we set it out verbatim below: Thus, in the interests of simplifying the process of identifying the correct standard of review and bringing our approach closer to the original use of the two standards, we hold that henceforth the substantial evidence standard will be applied any time we review an evidentiary ruling. | 1 | 1 |
National Labor Relations Board v. Sears, Roebuck & Co.green2 sentences2008See, e.g., NLRB v. Sears, Roebuck & Co., 421 U.S. 132 , 95 S.Ct. 1504 , 44 L.Ed.2d 29 (1975); Casad v. United States Dep't of Health and Human Serv's, 301 F.3d 1247 (10th Cir.2002). 2008See, e.g., NLRB v. Sears, Roebuck & Co., 421 U.S. 132 , 95 S.Ct. 1504 , 44 L.Ed.2d 29 (1975); Casad v. United States Dep't of Health and Human Serv's, 301 F.3d 1247 (10th Cir.2002). | 1 | 1 |
Slb v. Jeogreen2 sentences2007Following referral by the division, the hearing examiner or medical hearing panel shall have jurisdiction to hear and decide all issues related to the written notice of objection filed pursuant to W.S. 27-14-601(k). * * * When hearing a medically contested case, the panel shall serve as the hearing examiner and shall have exclusive jurisdiction to make the final administrative determination of the validity and amount of compensation payable under this act. {¶29} Looking at the plain and ordinary meaning of the language as is our practice when interpreting statutes, SLB v. JEO (In re ANO), 2006 2007Following referral by the division, the hearing examiner or medical hearing panel shall have jurisdiction to hear and decide all issues related to the written notice of objection filed pursuant to W.S. 27-14-601(k). * * * When hearing a medically contested case, the panel shall serve as the hearing examiner and shall have exclusive jurisdiction to make the final administrative determination of the validity and amount of compensation payable under this act. {¶29} Looking at the plain and ordinary meaning of the language as is our practice when interpreting statutes, SLB v. JEO (In re ANO), 2006 | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Wyoming. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Russell v. STATE EX REL. WYOMING WORKER'S COMP. DIV.
green
2 sentences2022“Because of the mandatory ‘shall,’ the Division does not have an option; it must determine if a case is medically contested and, if it is, that case must be referred to the Medical Commission.” Bando v. Clure Brothers Furniture, 980 P.2d 323, 327-28 (Wyo. 1999) (citing Russell, 944 P.2d at 1155 ). 1998Russell , 944 P.2d 1151 . | 3 | 1998–2022 |
Worker's Compensation Claim of Decker v. State Ex Rel. Wyoming Medical Commission
green
2 sentences2022We concluded that, “[i]nstead of weighing the medical opinions and other evidence, the Medical Commission appears to have independently diagnosed Decker based on symptoms reported by Decker and described in his medical records” and by “us[ing] the information elicited in response to [the Medical Panel’s] questions to diagnose Decker.” Id. ¶¶ 31–32, 124 P.3d at 696 . [¶49] The Division argues the Medical Panel’s comment was “based on the evidence” which is specifically permitted under the Medical Commission’s rules and regulations: 16 (a) The medical hearing panel shall make and enter a written 2022We concluded that, “[i]nstead of weighing the medical opinions and other evidence, the Medical Commission appears to have independently diagnosed Decker based on symptoms reported by Decker and described in his medical records” and by “us[ing] the information elicited in response to [the Medical Panel’s] questions to diagnose Decker.” Id. ¶¶ 31–32, 124 P.3d at 696 . [¶49] The Division argues the Medical Panel’s comment was “based on the evidence” which is specifically permitted under the Medical Commission’s rules and regulations: 16 (a) The medical hearing panel shall make and enter a written | 2 | 2008–2022 |
In the Matter of the Worker's Compensation Claim Of: Marty D. McIntosh v. State of Wyoming ex rel. Wyoming Workers' Safety and Compensation Division
green
1 sentence2022“This standard also applies when a medical hearing panel takes notice of contested material facts that are not in evidence.” Id. 10 The arbitrary and capricious test requires the reviewing court to review the entire record to determine whether the agency reasonably could have made its finding and order based upon all the evidence before it. | 1 | 2022–2022 |
Casad v. United States Department of Health & Human Services
green
2 sentences2008See, e.g., NLRB v. Sears, Roebuck & Co., 421 U.S. 132 , 95 S.Ct. 1504 , 44 L.Ed.2d 29 (1975); Casad v. United States Dep't of Health and Human Serv's, 301 F.3d 1247 (10th Cir.2002). 2008See, e.g., NLRB v. Sears, Roebuck & Co., 421 U.S. 132 , 95 S.Ct. 1504 , 44 L.Ed.2d 29 (1975); Casad v. United States Dep't of Health and Human Serv's, 301 F.3d 1247 (10th Cir.2002). | 1 | 2008–2008 |
Long v. Big Horn Construction Co.
green
2 sentences1998In conclusion, the medical hearing panel stated: Ms. French has failed to show, by a preponderance of the evidence, that the injuries she incurred as a result of a fainting episode on January 8, 1995, while in the employ of Amax Coal West, are compensa-ble under Long v. Big Horn Construction Company, 75 Wyo. 276 , [295] P.2d 750 (1956). 1998By order dated June 19, 1995, the medical hearing panel judicially noticed the decision in Long v. Big Horn Const. Co., 75 Wyo. 276 , 295 P.2d 750 (1956) as providing law relevant to the resolution of this case. 3 Thus, as early as June 19, 1995, 'the medical hearing panel indicated that the “primary” issue in French’s case may involve a question of law. | 1 | 1998–1998 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.