Wyoming Statutes

Wyo. Stat. § 27-14-405 (2026)

Permanent partial disability; benefits;

✓ current as of May 2026

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    (a)   Repealed by Laws 1994, ch. 86, § 3.

    (b)   Repealed by Laws 1994, ch. 86, § 3.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    (d)   Repealed by Laws 1994, ch. 86, § 3.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 (m) by Laws 1994, ch. 86, § 2.

     (f) An injured employee suffering an ascertainable loss
may apply for a permanent partial impairment award as provided
in this section.

     (g) An injured employee's impairment shall be rated by a
licensed physician using the most recent edition of the American
Medical Association's guide to the evaluation of permanent
impairment. The award shall be paid as provided by W.S.
27-14-403 for the number of months determined by multiplying the
percentage of impairment by sixty (60) months.

     (h) An injured employee awarded permanent partial
impairment benefits may apply for a permanent disability award
subject to the following terms and conditions:

          (i) The injured employee is because of the injury,
unable to return to employment at a wage that is at least
ninety-five percent (95%) of the monthly gross earnings the
employee was earning at the time of injury;

          (ii) An application for permanent partial disability
is filed not before three (3) months after the date of
ascertainable loss or three (3) months before the last scheduled
impairment payment, whichever occurs later, but in no event
later than one (1) year following the later date; and

          (iii) The employee has actively sought suitable work,
considering the employee's health, education, training and
experience.

     (j) The disability award under subsection (h) of this
section shall be payable monthly in the amount provided by W.S.
27-14-403 for the number of months determined by adding the
number of months computed under this subsection as follows:

          (i) Fourteen (14) months, multiplied by a fraction in
which the numerator is sixty-five (65) minus the employee's age
at the date of injury and the denominator is forty-five (45);

          (ii) Eight and one-half (8 1/2) months, multiplied by
a fraction in which the numerator is four (4) minus the
employee's completed years of education beyond the twelfth
grade, not to exceed four (4) years, and the denominator is four
(4);

          (iii) Six (6) months, multiplied by a fraction in
which the numerator is four (4) minus the number of different
occupations in which the employee has worked at least eighteen
(18) months in the eight (8) year period preceding the injury
but not to exceed four (4), and the denominator is four (4);

          (iv) Up to two (2) months if the employee at the time
of injury was engaged in a formal education or training program
for an occupation which was reasonably expected to pay more than
the employee's employment at the time of injury and the
employee, because of the permanent injury, will be unable to
enter into the new occupation;

          (v) One (1) month if the employee is forty-five (45)
to forty-nine (49) years of age at the time of injury, two (2)
months if the employee is fifty (50) to fifty-four (54) years of
age at the time of injury, and three (3) months if the employee
is fifty-five (55) years of age or older at the time of injury.
     (k) An employee incurring permanent disfigurement due to
an injury to the face or head which affects his earning capacity
or ability to secure gainful employment shall receive in
proportion to the extent of the disfigurement, an additional
physical impairment award not to exceed six (6) months of
compensation payable monthly as provided by W.S. 27-14-403(c).
Any previous disfigurement to the face or head of the employee
shall be considered when authorizing the award.

     (m) If the percentage of physical impairment is disputed,
the division shall obtain a second opinion and if the ratings
conflict, shall determine the physical impairment award upon
consideration of the initial and second opinion. Any objection
to a final determination pursuant to this subsection shall be
referred to the medical commission for hearing by a medical
hearing panel acting as hearing examiner pursuant to W.S.
27-14-616.

     (n) This section specifies the length of time amounts
computed pursuant to W.S. 27-14-403(c) are to be awarded and
except for amounts awarded under W.S. 27-14-408, shall not be
construed to allow awards in excess of the amounts computed
pursuant to W.S. 27-14-403(c).

Notes of Decisions

Cited in 103 cases (4 in the last 5 years), 1989–2024 · leading case: State Ex Rel. Workers Saf. Div. v. Singer, 2011 WY 57 (Wyo. 2011).

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State Ex Rel. Workers Saf. Div. v. Singer, 2011 WY 57 (Wyo. 2011). · cites it 41× “ISSUE [¶ 2] The Division presents the following issue: Did the hearing examiner, as a matter of fact and law, misinterpret and misapply *1157 Wyo. Stat. Ann. §§ 27-14-405 and 27-14-406 in concluding the legislature did not intend for previous physical impairment awards to be…”

Serda v. State Ex Rel. Wyoming Workers' Saf. & Comp. Div., 2002 WY 38 (Wyo. 2002). · cites it 49× “Did the Medical Commission comply with Wyo. Stat. Ann. § 27-14-405 (g) & (m) in declining to order the Division to pay for Appellant's third impairment rating? FACTS [¶ 4] Serda's claim for worker's compensation benefits began in August of 1996, when she injured her right elbow…”

Margarito Camacho v. State of Wyoming, ex rel. Dep't of Workforce Servs., Workers' Comp. Div., 2019 WY 92 (Wyo. 2019). · cites it 40× “Did the OAH correctly calculate the limitations period under Wyo. Stat. Ann. § 27-14-405 (h)(ii)? 2. Does substantial evidence support the OAH’s conclusion that Mr.”

Phillips v. TIC—The Indus. Co. of Wyoming, 109 P.3d 520 (Wyo. 2005). · cites it 14× “27-14-405(j), resulting from a permanent physical impairment^]” Wyo. Stat. Ann. § 27-14-102 (a)(xv). In that regard, Wyo.”

Olivas v. State Ex Rel. Wyoming Workers' Saf. & Comp. Div., 2006 WY 29 (Wyo. 2006). · cites it 8× “The application was denied because Olivas had not received a permanent partial impairment rating as required by Wyo. Stat. Ann. § 27-14-405 (g) (LexisNexis 2005) and the Division’s Rules and Regulations.”

In Re Worker's Comp. Claim of Johnson, 2001 WY 48 (Wyo. 2001). · cites it 9× “Johnson] failed to seek suitable employment as required by Wyo. Stat. Ann. § 27-14-405 (h)(iii) arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law? FACTS [¶ 3] On November 14, 1996, a co-worker accidentally dropped a four-pound hammer on Mr.”

Anderson v. State Ex Rel. Wyoming Workers' Saf. & Comp. Div., 2010 WY 157 (Wyo. 2010). · cites it 16× “Wyo. Stat. Ann. § 27-14-405 (g). Subsection (g) does not explicitly state when the impairment rating should occur.”

State ex rel. Wyoming Workers' Saf. & Comp. Div. v. Faulkner, 152 P.3d 394 (Wyo. 2007). · cites it 8× “The matter was referred to the Medical Commission pursuant to Wyo. Stat. Ann. § 27-14-405 (m). 1 After receiving evidence, the Medical Commission determined that Mr.”

Worker's Comp. Claim of Stallman v. State ex rel., Wyoming Workers' Saf. & Comp. Div., 288 P.3d 707 (Wyo. 2012). · cites it 14× “She contends the OAH erred in upholding the denial based upon its incorrect finding that she had failed to provide her work search documentation as required by Wyo. Stat. Ann. § 27-14-405 (h)(iii) (LexisNexis 2011).”

Worker's Comp. Claim of Anastos v. Gen. Chem. Soda Ash, 2005 WY 122 (Wyo. 2005). · cites it 5× “§ 27-14-102(a)(i)" and the worker may thereafter apply for permanent partial, or permanent total, disability awards pursuant to Wyo. Stat. Ann. §§ 27-14-405 or 17-14-406 based "upon the rating given by the physician.”

Lyles v. State Ex Rel. Div. of Workers' Comp., 957 P.2d 843 (Wyo. 1998). · cites it 10× “After receiving the results of the second medical evaluation, the division moved to vacate the hearing, reasoning that the case concerned a disputed permanent impairment rating and that, pursuant to Wyo. Stat. § 27-14-405(m) (1997), whenever a dispute regarding the permanent…”

Workers' Comp. Claim of Taylor v. State ex rel. Wyoming Workers' Saf. & Comp. Div., 72 P.3d 799 (Wyo. 2003). · cites it 18× “Taylor presents a pure question of law that requires interpretation of Wyo. Stat. Ann. § 27-14-405 (g). _- Statutory interpretation and the application of law made by an administrative agency are reviewed by this Court de novo.”

Show all 103 citing cases →

— Wyo. Stat. § 27-14-405(B) — 1 case

Worker's Comp. Claim of Stallman v. State ex rel., Wyoming Workers' Saf. & Comp. Div., 288 P.3d 707 (Wyo. 2012). “She contends the OAH erred in upholding the denial based upon its incorrect finding that she had failed to provide her work search documentation as required by Wyo. Stat. Ann. § 27-14-405 (h)(iii) (LexisNexis 2011).”

— Wyo. Stat. § 27-14-405(Lb) — 1 case

— Wyo. Stat. § 27-14-405(a) — 5 cases

Allen v. Natrona Cnty. Sch. Dist. No. One, 811 P.2d 1 (Wyo. 1991).

Pac. Power & Light v. Heermann, 872 P.2d 1171 (Wyo. 1994).

Tenorio v. State ex rel. Wyoming Workers' Comp. Div., 931 P.2d 234 (Wyo. 1997).

Cordova v. Holly Sugar Corp., 882 P.2d 880 (Wyo. 1994).

Tenorio v. State, Ex Rel., 931 P.2d 234 (Wyo. 1997).

— Wyo. Stat. § 27-14-405(b) — 3 cases

Tyler L. Stallman v. State of Wyoming ex rel. Wyoming Workers' Saf. & Comp. Div., 2013 WY 28 (Wyo. 2013).

Lunde v. State ex rel. Wyoming Workers' Comp. Div., 6 P.3d 1256 (Wyo. 2000).

Lane-Walter v. State Ex Rel. Wyoming Workers' Saf. & Comp. Div., 2011 WY 52 (Wyo. 2011).

— Wyo. Stat. § 27-14-405(b)(iii) — 1 case

— Wyo. Stat. § 27-14-405(b)(xvi) — 7 cases

Chavez v. Mem'l Hosp. of Sweetwater Cnty., 2006 WY 82 (Wyo. 2006).

Worker's Comp. Claim of Gilstrap v. State ex rel. Wyoming Workers' Comp. Div., 875 P.2d 1272 (Wyo. 1994).

Thompson v. State ex rel. Wyoming Workers' Comp. Div., 768 P.2d 600 (Wyo. 1989).

State ex rel. Wyoming Worker's Comp. Div. v. White, 837 P.2d 1095 (Wyo. 1992).

State ex rel. Wyoming Workers' Comp. Div. v. Borodine, 784 P.2d 228 (Wyo. 1989).

— Wyo. Stat. § 27-14-405(bh) — 1 case

Lunde v. State ex rel. Wyoming Workers' Comp. Div., 6 P.3d 1256 (Wyo. 2000).

— Wyo. Stat. § 27-14-405(bh)(ii) — 1 case

Schossow v. State Ex Rel. Wyoming Workers' Saf. & Comp. Div., 2011 WY 111 (Wyo. 2011).

— Wyo. Stat. § 27-14-405(e) — 5 cases

In Re Pohl, 980 P.2d 816 (Wyo. 1999).

Hemme v. State Ex Rel. Wyoming Workers' Comp. Div., 914 P.2d 824 (Wyo. 1996).

Pohl v. Bailey Co., 980 P.2d 816 (Wyo. 1999).

Routh v. State ex rel. Wyoming Workers' Comp. Div., 952 P.2d 1108 (Wyo. 1998).

Routh v. State Ex Rel. Workers'comp. Div., 952 P.2d 1108 (Wyo. 1998).

— Wyo. Stat. § 27-14-405(f) — 5 cases

Morris v. State ex rel. Dep't of Workforce Servs., Workers' Comp. Div., 403 P.3d 980 (Wyo. 2017).

Serda v. State Ex Rel. Wyoming Workers' Saf. & Comp. Div., 2002 WY 38 (Wyo. 2002). “Did the Medical Commission comply with Wyo. Stat. Ann. § 27-14-405 (g) & (m) in declining to order the Division to pay for Appellant's third impairment rating? FACTS [¶ 4] Serda's claim for worker's compensation benefits began in August of 1996, when she injured her right elbow…”

Worker's Comp. Claim of Green v. State ex rel. Dep't of Workforce Servs., Workers' Saf. & Comp. Div., 304 P.3d 941 (Wyo. 2013).

Coggins v. State ex rel. Dep't of Workforce Servs., Workers' Comp. Div., 421 P.3d 555 (Wyo. 2018).

In the Matter of the Worker's Comp. Claim Of: David Green v. State of Wyoming, Ex Rel., Dep't of Workforce Servs., Workers' Saf. & Comp. Div., 2013 WY 81 (Wyo. 2013).

— Wyo. Stat. § 27-14-405(g) — 10 cases

Texas Workers' Comp. Comm'n v. Garcia, 893 S.W.2d 504 (Tex. 1995).

Workers' Comp. Claim of Taylor v. State ex rel. Wyoming Workers' Saf. & Comp. Div., 72 P.3d 799 (Wyo. 2003). “Taylor presents a pure question of law that requires interpretation of Wyo. Stat. Ann. § 27-14-405 (g). _- Statutory interpretation and the application of law made by an administrative agency are reviewed by this Court de novo.”

Phillips v. TIC—The Indus. Co. of Wyoming, 109 P.3d 520 (Wyo. 2005). “27-14-405(j), resulting from a permanent physical impairment^]” Wyo. Stat. Ann. § 27-14-102 (a)(xv). In that regard, Wyo.”

Anderson v. State Ex Rel. Wyoming Workers' Saf. & Comp. Div., 2010 WY 157 (Wyo. 2010). “Wyo. Stat. Ann. § 27-14-405 (g). Subsection (g) does not explicitly state when the impairment rating should occur.”

— Wyo. Stat. § 27-14-405(h) — 17 cases

Bonsell v. State Ex Rel., Wyoming Workers' Saf. & Comp. Divison, 2006 WY 114 (Wyo. 2006).

Worker's Comp. Claim of Ludwig v. State ex rel. Wyoming Workers' Saf. & Comp. Div., 86 P.3d 875 (Wyo. 2004).

Sidwell v. State ex rel. Wyoming Worker's Comp. Div., 977 P.2d 60 (Wyo. 1999).

Erdman v. State Ex Rel. Wyoming Workers' Saf. & Comp. Div., 5 P.3d 64 (Wyo. 2000).

— Wyo. Stat. § 27-14-405(h)(G) — 2 cases

Mahaffey v. State ex rel. Wyoming Workers' Saf. & Comp. Div., 249 P.3d 234 (Wyo. 2011).

Yother v. State Ex Rel. Wyoming Workers' Saf. & Comp. Div., 2007 WY 192 (Wyo. 2007).

— Wyo. Stat. § 27-14-405(h)(i) — 8 cases

Bonsell v. State Ex Rel., Wyoming Workers' Saf. & Comp. Divison, 2006 WY 114 (Wyo. 2006).

In Re Worker's Comp. Claim of Johnson, 2001 WY 48 (Wyo. 2001). “Johnson] failed to seek suitable employment as required by Wyo. Stat. Ann. § 27-14-405 (h)(iii) arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law? FACTS [¶ 3] On November 14, 1996, a co-worker accidentally dropped a four-pound hammer on Mr.”

Chavez v. Mem'l Hosp. of Sweetwater Cnty., 2006 WY 82 (Wyo. 2006).

Cochran v. State Ex Rel. Wyoming Workers' Saf. & Comp. Div., 993 P.2d 320 (Wyo. 1999).

Mahaffey v. State Ex Rel. Wyoming Workers'Saf. & Compesation Div., 2011 WY 45 (Wyo. 2011).

— Wyo. Stat. § 27-14-405(h)(ii) — 2 cases

Margarito Camacho v. State of Wyoming, ex rel. Dep't of Workforce Servs., Workers' Comp. Div., 2019 WY 92 (Wyo. 2019). “Did the OAH correctly calculate the limitations period under Wyo. Stat. Ann. § 27-14-405 (h)(ii)? 2. Does substantial evidence support the OAH’s conclusion that Mr.”

— Wyo. Stat. § 27-14-405(h)(iii) — 7 cases

Hermosillo v. State Ex Rel. Wyoming Workers' Saf. & Comp. Div., 2002 WY 175 (Wyo. 2002).

Johnson v. State ex rel. Wyoming Workers' Saf. & Comp. Div., 23 P.3d 32 (Wyo. 2001).

Abeyta v. State ex rel. Wyoming Workers' Saf. & Comp. Div., 88 P.3d 1072 (Wyo. 2004).

— Wyo. Stat. § 27-14-405(j) — 2 cases

Mary F. McBride v. State of Wyoming, ex rel. Dep't of Workforce Servs., Workers' Comp. Div., 2022 WY 100 (Wyo. 2022).

— Wyo. Stat. § 27-14-405(m) — 7 cases

Lyles v. State Ex Rel. Div. of Workers' Comp., 957 P.2d 843 (Wyo. 1998). “After receiving the results of the second medical evaluation, the division moved to vacate the hearing, reasoning that the case concerned a disputed permanent impairment rating and that, pursuant to Wyo. Stat. § 27-14-405(m) (1997), whenever a dispute regarding the permanent…”

Hemme v. State Ex Rel. Wyoming Workers' Comp. Div., 914 P.2d 824 (Wyo. 1996).

In Re Pohl, 980 P.2d 816 (Wyo. 1999).

Terry J. Leal & Dustin Kopp v. State of Wyoming, ex rel. Dep't of Workforce Servs., Workers' Comp. Div., 2024 WY 86 (Wyo. 2024).

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