Olheiser v. STATE EX REL. WORKERS COMP.

866 P.2d 768
CourtWyoming Supreme Court
DecidedJanuary 12, 1994
Docket93-113
StatusPublished

This text of 866 P.2d 768 (Olheiser v. STATE EX REL. WORKERS COMP.) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Olheiser v. STATE EX REL. WORKERS COMP., 866 P.2d 768 (Wyo. 1994).

Opinion

866 P.2d 768 (1994)

In the Matter of the Worker's Compensation Claim of Alice I. OLHEISER, surviving spouse of Louis S. Olheiser, deceased, Petitioner,
v.
STATE of Wyoming, ex rel. WYOMING WORKER'S COMPENSATION DIVISION, Respondent.

No. 93-113.

Supreme Court of Wyoming.

January 12, 1994.

*769 Mark J. White and Jill E. Kucera, argued, of White & White, Riverton, for appellant.

Joseph B. Meyer, Atty. Gen., John W. Renneisen, Deputy Atty. Gen., Kenneth E. Spurrier, Asst. Atty. Gen., argued, and Thomas C. Bancroft, Sp. Asst. Atty. Gen., for appellee.

Before MACY, C.J., and THOMAS, CARDINE, GOLDEN and TAYLOR, JJ.

CARDINE, Justice.

The district court has certified two questions for our consideration. They concern the interpretation of the statute of limitations for worker's compensation claims for injuries which occur over a substantial period of time. The questions are:

Does Wyoming Statute Section 27-14-503(b), 1991, provide that a Claimant may bring an action arising from an injury caused by ionizing radiation at any time after the last injury from ionizing radiation occurs?
Where a diagnosis of ionizing radiation injury has been communicated to an employee, does Wyoming Statute Section 27-14-503(b), 1991, provide that a claim must be filed within one year of the date that the diagnosis was communicated to the employee?

We rephrase the second question to state:

Does the word "discovery" as it appears in W.S. XX-XX-XXX(b) mean when a claimant knew or had reason to know the injury was related to employment?

This question is implied in the second certified question and both parties addressed it in their briefs and in oral argument within the context of that question. The rephrased *770 question more accurately reflects what the dispute in this case concerns. Therefore, in the interest of clarity, we answer the second question as we have modified it. Schneider Nat'l, Inc. v. Holland Hitch Co., 843 P.2d 561, 580 (Wyo.1992).

FACTS

Louis Olheiser (Mr. Olheiser) worked for Continental Uranium as an underground uranium miner from 1958 to 1968. From 1968 until his death, Mr. Olheiser was self employed, operating his own drilling company. In September of 1987 he was diagnosed with lung cancer. Treatment was unsuccessful; and on January 26, 1988, he died. Before he died, on November 28, 1987, Mr. Olheiser filed a report of injury with the Wyoming Worker's Compensation Division (Division). The Division objected to the payment of any claims on February 11, 1988. Alice Olheiser (Mrs. Olheiser), the decedent's wife, received notice of the objection; but she did not respond to it.

Sometime in late 1990, Mrs. Olheiser read an article about the Radon Exposure Act and realized that her husband's death may have been the result of ionizing radiation caused by his employment as a uranium miner. She consulted with an attorney; and on September 13, 1990, she filed a claim for death benefits with the Division.

A hearing officer heard the case on cross-motions for summary judgment. The hearing officer subsequently granted summary judgment in favor of the Division. He found that Mrs. Olheiser's claim was barred by the applicable statute of limitations, W.S. XX-XX-XXX(b).

Mrs. Olheiser appealed that decision to the District Court for Fremont County. The district court judge found that this court had not previously interpreted W.S. XX-XX-XXX(b), and the questions were certified to us for review.

STANDARD OF REVIEW

The certified questions require us to interpret the language of a statute. We have interpreted statutes on innumerable occasions, so our standard is well established. First, we determine if the statute is ambiguous by looking at the plain and ordinary meaning of the words contained therein. Parker Land & Cattle Co. v. Wyo. Game & Fish Comm'n, 845 P.2d 1040, 1042-43 (Wyo. 1993).

A "statute is unambiguous if its wording is such that reasonable persons are able to agree as to its meaning with consistence and predictability. * * * [A] statute is ambiguous only if it is found to be vague or uncertain and subject to varying interpretations. * * * [W]hether an ambiguity exists in a statute is a matter of law to be determined by the court."

Parker Land & Cattle Co. at 1043 (quoting Allied-Signal, Inc. v. Wyo. State Bd. of Equalization, 813 P.2d 214, 219-20 (Wyo. 1991)).

If we find the statute is ambiguous, we will resort to extrinsic aids, such as legislative history or intent. Id. at 1044. Though this court is the ultimate arbiter of the meaning of a statute, we will give some deference to an interpretation of that statute by the agency charged with its execution unless its interpretation is clearly erroneous. General Chemical Corp. v. Wyo. State Bd. of Equalization, 819 P.2d 418, 422 (Wyo.1991); State ex rel. Wyo. Worker's Compensation Div. v. Mahoney, 798 P.2d 836, 838 (Wyo.1990).

We read a statute so that every word, clause and sentence is given effect so, if possible, no part of the statute is rendered inoperative or superfluous. State Bd. of Equalization v. Cheyenne Newspapers, Inc., 611 P.2d 805, 809 (Wyo.1980). In construing the statute, our main objective is to effectuate the intent of the legislature. Moncrief v. Harvey, 816 P.2d 97, 105 (Wyo.1991).

DISCUSSION

The statute we must interpret is W.S. XX-XX-XXX(b) (1991) which provides in relevant part:

The right of compensation for an injury which occurs over a substantial period of time is barred unless a claim for benefits is filed within one (1) year after a diagnosis of injury is first communicated to the employee, *771 or within three (3) years from the date of last injurious exposure to the condition causing the injury, whichever occurs last, excluding injury caused by ionizing radiation to which the three (3) year limitation does not apply. If death results from ionizing radiation within either of these periods, a claim shall be filed within one (1) year after the date of discovery.

This is the first time this court has been called upon to interpret this section of the statute.

We first examine the statute to ascertain whether it is ambiguous. The statute begins by stating that it applies to injuries which occur over a long period of time. It then sets out two time periods in which a claim must be brought or it will be barred. A claim must be filed within one year after a diagnosis of injury has been communicated to the employee or within three years of the date of last injurious exposure, whichever occurs last.

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Related

Moncrief v. Harvey
816 P.2d 97 (Wyoming Supreme Court, 1991)
State Board of Equalization v. Cheyenne Newspapers, Inc.
611 P.2d 805 (Wyoming Supreme Court, 1980)
Mills v. Garlow
768 P.2d 554 (Wyoming Supreme Court, 1989)
Parker Land & Cattle Co. v. Wyoming Game & Fish Commission
845 P.2d 1040 (Wyoming Supreme Court, 1993)
Aanenson v. State Ex Rel. Wyoming Worker's Compensation Division
842 P.2d 1077 (Wyoming Supreme Court, 1992)
Big Horn Coal Company v. Wartensleben
502 P.2d 187 (Wyoming Supreme Court, 1972)
State Ex Rel. Wyoming Worker's Compensation Division v. Mahoney
798 P.2d 836 (Wyoming Supreme Court, 1990)
Allied-Signal, Inc. v. Wyoming State Board of Equalization
813 P.2d 214 (Wyoming Supreme Court, 1991)
General Chemical Corp. v. Wyoming State Board of Equalization
819 P.2d 418 (Wyoming Supreme Court, 1991)
Grindle v. State Ex Rel. Wyoming Worker's Compensation Division
722 P.2d 166 (Wyoming Supreme Court, 1986)
Schneider National, Inc. v. Holland Hitch Co.
843 P.2d 561 (Wyoming Supreme Court, 1992)
Boyd v. Potlatch Corp.
793 P.2d 192 (Idaho Supreme Court, 1990)
Baldwin v. Scullion
62 P.2d 531 (Wyoming Supreme Court, 1936)

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