Wyo. Stat. » Wyo. Stat. / Title 27 - Labor and Employment / Chapter 3 - UNEMPLOYMENT COMPENSATION / Article 4 - BENEFIT CLAIMS
Wyoming Statutes

Wyo. Stat. § 27-3-404 (2026)

Determination; review by commission;

✓ current as of May 2026
Find cases: SyfertCases citing this section WY-LEGwyoleg.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar 
disposition; notice; reconsideration.

     (a) The commission may within twenty-eight (28) days after
notice is mailed or delivered:

         (i)    Review a decision of an appeal tribunal;

         (ii)   Review a determination of a special examiner; or

          (iii) Grant an appeal from a decision upon
application filed by any party entitled to notice. An appeal
shall be granted if a decision is not unanimous or if a
determination is not affirmed by the appeal tribunal.

     (b) Upon review or appeal and based on evidence previously
submitted or upon additional evidence it may direct be taken,
the commission may affirm, modify or reverse the findings and
conclusions of the appeal tribunal. Proceedings before an appeal
tribunal may be removed to the commission or transferred to
another tribunal. A proceeding removed to the commission prior
to completion of the hearing shall be heard by the commission in
accordance with requirements for tribunal proceedings.

     (c) The commission shall promptly notify parties to a
proceeding of its decision including findings and conclusions.
The decision is final unless judicial review is initiated
pursuant to this article. A denial of an appeal by the
commission is subject to judicial review. Review shall be
initiated within the prescribed time beginning from the date
notice of the denial is mailed or delivered.

     (d) Subject to limitations prescribed under W.S.
27-3-402(c), the commission may reconsider a determination
provided by a final decision of an appeal tribunal and may apply
to the tribunal for a revised decision.
Notes of Decisions
Cited in 9 cases, 1985–2016 · leading case: Hupp v. Emp. Sec. Comm'n of Wyoming, 715 P.2d 223 (Wyo. 1986).
Sort: Relevance Newest Treatment
Hupp v. Emp. Sec. Comm'n of Wyoming, 715 P.2d 223 (Wyo. 1986). · cites it 34× “If the appeal tribunal's decision is adverse to the employer, he can attempt an additional appeal under § 27-3-404, W.S. 1977. This second appeal within the agency is taken to the entire employment security commission.”
Emp. Sec. Comm'n of Wyoming v. Young, 713 P.2d 198 (Wyo. 1986). · cites it 10× “The decision is final unless further review is initiated pursuant to W.S. 27-3-404."”
Zack D. Koch v. Dep't of Emp., Unemployment Ins. Comm'n, 2013 WY 12 (Wyo. 2013). · cites it 7× “Wyo. Stat. Ann. § 27-3-404 (a) (LexisNexis 2011).”
Emp. SEC. Com'n of Wyoming v. Bryant, 704 P.2d 1311 (Wyo. 1985). · cites it 4× “Section 27-3-404(b) sets out the proper basis for a decision by the ESC upon review: "(b) Upon review or appeal and based on evidence previously submitted or upon additional evidence it may direct be taken, the commission may affirm, modify or reverse the findings and…”
Billy Clark v. State of Wyoming, ex rel., Dep't of Workforce Servs., Unemployment Ins. Comm'n, 2016 WY 89 (Wyo. 2016). “The Commission's decision that Mr, Clark was disqualified from unemployment insurance benefits because his serious and recurrent negligence amounted to misconduct under Wyoming law was supported by substantial evidence, [188] Affirmed.. 1 . On appeal from the hearing officer's…”
State ex rel. Dep't of Workforce Servs. v. Kinneman, 377 P.3d 776 (Wyo. 2016). · cites it 2× “Wyo. Stat. Ann. § 27-3-404 (8) (LexisNexis 2011).”
City of Casper v. Wyoming Dep't of Emp., Unemployment Ins. Div., 851 P.2d 1 (Wyo. 1993). · cites it 2× “The Commission’s authority to review the Examiner’s decision is found in W.S. 27-3-404(b), which provides: Upon review or appeal and based on evidence previously submitted or upon additional evidence it may direct be taken, the commission may affirm, modify or reverse the…”
Barker v. Emp. Sec. Comm'n, 791 P.2d 583 (Wyo. 1990). · cites it 2× “Wyo.Stat. § 27-3-404(b) (1977) provides in pertinent part: Upon review or appeal and based on evidence previously submitted or upon additional evidence it may direct be taken, the commission may affirm, modify or reverse the findings and conclusions of the appeal tribunal.”
Wyoming Dep't of Emp., Div. of Unemployment Ins. v. Wyoming Restaurant Assocs., Inc., 859 P.2d 1281 (Wyo. 1993). “In construing a similar time limitation for filing appeals of an employee benefit claim determination under W.S. 27-3-404, we held that timely filing is “mandatory and jurisdictional.”
— Wyo. Stat. § 27-3-404(a) — 2 cases
Emp. Sec. Comm'n of Wyoming v. Young, 713 P.2d 198 (Wyo. 1986). “The decision is final unless further review is initiated pursuant to W.S. 27-3-404."”
Billy Clark v. State of Wyoming, ex rel., Dep't of Workforce Servs., Unemployment Ins. Comm'n, 2016 WY 89 (Wyo. 2016). “The Commission's decision that Mr, Clark was disqualified from unemployment insurance benefits because his serious and recurrent negligence amounted to misconduct under Wyoming law was supported by substantial evidence, [188] Affirmed.. 1 . On appeal from the hearing officer's…”
— Wyo. Stat. § 27-3-404(b) — 5 cases
Hupp v. Emp. Sec. Comm'n of Wyoming, 715 P.2d 223 (Wyo. 1986). “If the appeal tribunal's decision is adverse to the employer, he can attempt an additional appeal under § 27-3-404, W.S. 1977. This second appeal within the agency is taken to the entire employment security commission.”
Emp. SEC. Com'n of Wyoming v. Bryant, 704 P.2d 1311 (Wyo. 1985). “Section 27-3-404(b) sets out the proper basis for a decision by the ESC upon review: "(b) Upon review or appeal and based on evidence previously submitted or upon additional evidence it may direct be taken, the commission may affirm, modify or reverse the findings and…”
City of Casper v. Wyoming Dep't of Emp., Unemployment Ins. Div., 851 P.2d 1 (Wyo. 1993). “The Commission’s authority to review the Examiner’s decision is found in W.S. 27-3-404(b), which provides: Upon review or appeal and based on evidence previously submitted or upon additional evidence it may direct be taken, the commission may affirm, modify or reverse the…”
Zack D. Koch v. Dep't of Emp., Unemployment Ins. Comm'n, 2013 WY 12 (Wyo. 2013). “Wyo. Stat. Ann. § 27-3-404 (a) (LexisNexis 2011).”
Barker v. Emp. Sec. Comm'n, 791 P.2d 583 (Wyo. 1990). “Wyo.Stat. § 27-3-404(b) (1977) provides in pertinent part: Upon review or appeal and based on evidence previously submitted or upon additional evidence it may direct be taken, the commission may affirm, modify or reverse the findings and conclusions of the appeal tribunal.”
— Wyo. Stat. § 27-3-404(c) — 1 case
Hupp v. Emp. Sec. Comm'n of Wyoming, 715 P.2d 223 (Wyo. 1986). “If the appeal tribunal's decision is adverse to the employer, he can attempt an additional appeal under § 27-3-404, W.S. 1977. This second appeal within the agency is taken to the entire employment security commission.”
— Wyo. Stat. § 27-3-404(d) — 1 case
Hupp v. Emp. Sec. Comm'n of Wyoming, 715 P.2d 223 (Wyo. 1986). “If the appeal tribunal's decision is adverse to the employer, he can attempt an additional appeal under § 27-3-404, W.S. 1977. This second appeal within the agency is taken to the entire employment security commission.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.