State of Wyoming, Ex Rel., Department of Workforce Services, Workers' Safety and Compensation Division v. Erin R. Clements

2014 WY 68, 326 P.3d 177, 2014 WL 2367274, 2014 Wyo. LEXIS 72
CourtWyoming Supreme Court
DecidedMay 29, 2014
DocketS-13-0194
StatusPublished
Cited by3 cases

This text of 2014 WY 68 (State of Wyoming, Ex Rel., Department of Workforce Services, Workers' Safety and Compensation Division v. Erin R. Clements) 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
State of Wyoming, Ex Rel., Department of Workforce Services, Workers' Safety and Compensation Division v. Erin R. Clements, 2014 WY 68, 326 P.3d 177, 2014 WL 2367274, 2014 Wyo. LEXIS 72 (Wyo. 2014).

Opinion

KITE, Chief Justice.

[¶1] By statute, the Wyoming legislature limited awards of temporary total disability (TTD) benefits to twenty-four months but gave the Wyoming Worker's Safety and Compensation Division (the Division) discretionary authority to extend the time for those benefits in the event of extraordinary cireum-stances. The Division adopted a rule limiting any extension of TTD benefits to a maximum of twelve months. Erin R. Clements received the statutory maximum and the additional twelve months. She sought additional TTD benefits, which the Division denied. She filed a declaratory judgment action asking the district court to hold that the Division exceeded its authority when it limited the extension to twelve months. The district court concluded the Division exceeded its authority when it adopted a rule limiting TTD benefits to a total of thirty-six months under any cireumstances. The Division appealed. We affirm.

ISSUE

[¶2] The issue for this Court to determine is whether the district court erred in holding that the Division exceeded its statutory authority by adopting a rule limiting additional TTD benefits to twelve months.

FACTS

[¶3] Ms. Clements was injured in November 2008 while working at Little America in Cheyenne, Wyoming. She applied for and received TTD benefits for twenty-four months, obtained an extension of TTD benefits for another twelve months and then applied for more TTD benefits. On July 6, 2012, the Division entered a final determination denying Ms. Clements' claim for additional TTD benefits because she had received all the TTD benefits to which she was entitled under Wyo. Stat. Ann. § 27-14-404 (LexisNexis 2018) and Division rules. Ms. Clements objected to the determination and asked for a hearing.

[¶4] The matter was referred to the Office of Administrative Hearings (OAH) for a contested case hearing. The OAH issued an order upholding the denial of Ms. Clements' claim for additional TTD benefits Ms. Clements sought review of the denial in district court and also filed a complaint for declaratory relief, asserting the Division exceeded its authority when it adopted Chapter 7, Section 2(b) of the Workers' Compensation Division Rules. She argued that the rule contravened the legislative intent evident in § 27-14~404(a).

[¶5] The Division filed a motion to dismiss the complaint for declaratory relief. In support of the motion, the Division argued that Ms. Clements had not exhausted her administrative remedies and the relief she sought was foreclosed by this Court's holdings in State ex rel. Wyo. Workers' Safety & Comp. Div. v. Smith, 2013 WY 26, ¶ 17, 296 P.3d 939 (Wyo.2013) and Picozzi v. State ex rel. Wyo. Workers' Safety & Comp. Div., 2013 WY 86, 304 P.3d 977 (Wyo.2013).

[¶6] After asking for additional briefing on the motion to dismiss and holding a hearing, the district court entered an order denying the motion and granting declaratory relief, The Division timely appealed from the order.

STANDARD OF REVIEW

[¶7] The sole issue in this case is whether the Division exceeded its statutory authority when it adopted a rule setting a maximum number of months TTD benefits are payable under any circumstances. In accordance with the Wyoming Administrative Procedure Act, the Court will interpret the statutory provisions, and set aside the agency's action if it exceeds the agency's statutory authority. Qwest Corp. v. Public Serv. Comm'n, 2007 WY 97, ¶ 3, 161 P.3d 495, 497 (Wyo.2007), citing Wyo. Stat. Ann. § 16-8-114(c) (LexisNexis 2005). Statutory interpretation is a question of law, so our review is de novo. Qwest, citing Chevron U.S.A., Inc. v. Dep't of Revenue, 2007 WY 43, ¶ 9, 154 P.3d 331, 334 (Wyo.2007).

*180 DISCUSSION

[¶8] The statute at issue in this case, with the disputed language underlined, provides in relevant part as follows:

§ 27-14-404. Temporary total disability; benefits; determination of eligibility; ... period of certification limited;....
(a) If after a compensable injury is sustained and as a result of the injury the employee is subject to temporary total disability as defined under W.S. 27-14-102(a){xviii), the injured employee is entitled to receive a temporary total disability award for the period of temporary total disability as provided by W.S. 27-14-408(c). The period for receiving a temporary total disability award under this section for injuries resulting from any one (1) incident or accident shall not exceed a cumulative period of twenty-four (24) months, except that the division pursuant to its rules and regulations and in its discretion may in the event of extraordinary - circumstances award additional temporary total disability benefits The division's decision to grant such additional benefits shall be reviewable by a hearing examiner only for an abuse of discretion by the division.

[¶9] Chapter 7, Section 2(b) of the Division rules, adopted pursuant to the above statute provides:

(b) Limitation on Period of [TTD]; Extraordinary Cireumstance.
(i) The period for receiving a TTD award under W.S. § 27-14-404 resulting from a single incident, accident or period of cumulative trauma or exposure shall not exceed a cumulative period of 24 months, except that the Division, in its discretion, may award additional TTD benefits of the claimant establishes by clear and convine-ing evidence that the claimant:
(A) remains totally disabled, due solely to a work-related injury;
(B) has not recovered to the extent that he or she can return to gainful employment;
(C) reasonably expects to return to gainful employment within 12 months following the date of the first TTD claim occurring after the expiration of the 24-month period;
(D) does not have an ascertainable loss which would qualify for benefits under W.S. §§ 27-14-405 or 406; and,
(E) has taken all reasonable measures to facilitate recovery, including compliance with the recommendations of the treating physician.
(i) No awards of additional TTD benefits pursuant to subsection (4) of this seetion shall exceed 12 cumulative calendar months.

[¶10] When interpreting statutes:

[Our] paramount consideration is to determine the legislature's intent, which must be ascertained initially and primarily from the words used in the statute. We look first to the plain and ordinary meaning of the words to determine if the statute is ambiguous. A statute is clear and unambiguous if its wording is such that reasonable persons are able to agree on its meaning with consistency and predictability. Conversely, a statute is ambiguous if it is found to be vague or uncertain and subject to varying interpretations.

Barlow Ranch, Ltd. Partnership v. Greencore Pipeline Co. LLC, 2013 WY 34, ¶ 18, 301 P.3d 75, 83 (Wyo.2013) (citations omitted).

The determination of whether a statute is clear or ambiguous is a matter of law for the court. When the language is clear, we give effect to the ordinary and obvious meaning of the words employed by the legislature.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
2014 WY 68, 326 P.3d 177, 2014 WL 2367274, 2014 Wyo. LEXIS 72, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-of-wyoming-ex-rel-department-of-workforce-services-workers-wyo-2014.