§ 27-14-102 — Definitions

Wyoming § 27-14-102

• Jurisdiction: Wyoming
• Title 27: Labor and Employment
• Ch. 14: WORKER'S COMPENSATION
• Art. 1: GENERALLY

Text

(a) As used in this act:
(i) "Artificial replacement" means the addition of an
artificial part to the human body which replaces a part lost,
damaged or in need of correction, excluding any personal item,
artificial heart, automobile or the remodeling of an automobile
or other physical structure or any item of furniture except as
provided by rule and regulation of the division. If a wheelchair
is approved by the division for use during impairment or
disability, "artificial replacement" may include necessary cost
effective physical structures such as ramps, automobile devices
or remodeling, bars and rails, and other necessary equipment or
devices aiding the body during impairment or disability, subject
to the following criteria:
(A) A physical structure for which artificial
replacement is claimed shall be the primary residence of the
claimant;
(B) Only one (1) automobile at a time shall be
eligible for devices or remodeling under this paragraph.
(ii) "Ascertainable loss" means that point in time in
which it is apparent that permanent physical impairment has
resulted from a compensable injury, the extent of the physical
impairment due to the injury can be determined and the physical
impairment will not substantially improve or deteriorate because
of the injury;
(iii) "Child" means any unmarried minor or physically
or mentally incapacitated individual receiving court ordered
support or substantially all of his financial support from the
employee at the time of injury or death of the employee and
includes an adopted child, stepchild, posthumous child or
acknowledged illegitimate child but does not include a parent or
spouse of the employee;
(iv) "Delinquent payment" means any payment required
of an employer under this act which is not paid within thirty
(30) days after the date due as specified by this act;
(v) "Administrator" means the administrator of the
division;
(vi) "Division" means the worker's compensation
division within the department of workforce services;
(vii) "Employee" means any person engaged in any
extra hazardous employment under any appointment, contract of
hire or apprenticeship, express or implied, oral or written, and
includes student learners engaged in any extra hazardous
employment, legally employed minors, aliens authorized to work
by the United States department of justice, office of
citizenship and immigration services, and aliens whom the
employer reasonably believes, at the date of hire and the date
of injury based upon documentation in the employer's possession,
to be authorized to work by the United States department of
justice, office of citizenship and immigration services.
"Employee" does not include:
(A) Any individual whose employment is
determined to be casual labor;
(B) A sole proprietor or a partner of a business
partnership unless coverage is elected pursuant to W.S.
27-14-108(k);
(C) An officer of a corporation unless coverage
is elected pursuant to W.S. 27-14-108(k);
(D) Any individual engaged as an independent
contractor;
(E) A spouse or dependent of an employer living
in the employer's household;
(F) A professional athlete, except as provided
in W.S. 27-14-108(q);
(G) An employee of a private household;
(H) A private duty nurse engaged by a private
party;
(J) An employee of the federal government;
(K) Any volunteer unless covered pursuant to
W.S. 27-14-108(e);
(M) Any adult or juvenile prisoner or
probationer unless covered pursuant to W.S. 27-14-108(d)(ix);
(N) An elected public official or an appointed
member of any governmental board or commission, except for a
duly elected or appointed county officer or a member of the
legislature;
(O) The owner and operator of a motor vehicle
which is leased or contracted with driver to a for-hire common
or contract carrier. The owner-operator shall not be an
employee for purposes of this act if he performs the service
pursuant to a contract which provides that the owner-operator
shall not be treated as an employee for purposes of the Federal
Insurance Contributions Act, the Social Security Act, the
Federal Unemployment Tax Act and income tax withholding at
source;
(P) A member of a limited liability company
unless coverage is elected pursuant to W.S. 27-14-108(k);
(Q) A foster parent providing foster care
services for the department of family services or for a
certified child placement agency;
(R) An individual providing child day care or
babysitting services, whose wages are subsidized or paid in
whole or in part by the Wyoming department of family services.
This exclusion from coverage does not exclude from coverage an
individual providing child day care or babysitting services as
an employee of any individual or entity other than the Wyoming
department of family services;
(S) A responsible broker, associate broker or
salesperson licensed under the Real Estate License Act, W.S.
33-28-101 through 33-28-401, who receives compensation for the
services identified in W.S. 33-28-102(b)(xlv). The receipt of
additional compensation for the performance of other real estate
related services shall not negate this exemption.
(viii) "Employer" means any person or entity
employing an employee engaged in any extrahazardous occupation
or electing coverage under W.S. 27-14-108(j) or (k) and at least
one (1) of whose employees is described in W.S. 27-14-301.
"Employer" includes:
(A) Repealed By Laws 1999, ch. 46, § 2.
(B) The governmental entity for which recipients
of public assistance perform work if that work does not
otherwise establish a covered employer and employee
relationship;
(C) The governmental entity for which volunteers
perform the specified volunteer activities under W.S.
27-14-108(e);
(D) The governmental entity for which prisoners
and probationers work or perform community service under W.S.
27-14-108(d)(ix) or (xv);
(E) An owner-operator of a mine at which any
mine rescue operation or training occurs;
(F) A temporary service contractor for a
temporary worker;
(G) Any person, contractor, firm, association or
corporation otherwise qualifying under this paragraph as an
employer and who utilizes the services of a worker furnished by
another contractor, joint employer, firm, association, person or
corporation other than a temporary service contractor, joint
employer, independent contractor or owner and operator excluded
as an employee under subparagraph (a)(vii)(O) of this section;
(H) Any employer otherwise qualifying under this
paragraph as an employer and participating in a school-to-work
program approved by the department of workforce services, any
local school district board of trustees, community college
district board of trustees or the department of education, and
the employer previously elected coverage in writing pursuant to
W.S. 27-14-108(m);
(J) Any corporation, limited liability company,
partnership or sole proprietorship electing coverage pursuant to
W.S. 27-14-108(k), whether or not the corporation, limited
liability company, partnership or sole proprietorship has other
employees covered by this act;
(K) A collective group of county governments or
county governmental entities as specified under W.S. 27-14-109.
(ix) "Gross earnings" means remuneration payable for
services from any source including commissions, bonuses and cash
and excluding tips and gratuities. The reasonable cash value of
remuneration other than cash or check shall be prescribed by
rule and regulation of the division. To the extent the
following are not considered wages under 26 U.S.C. §§ 3301
through 3311, "gross earnings" does not include:
(A) Any premium paid by an employer under a
plan, system or into a fund for insurance or annuities to
provide an employee or class of employees retirement, sickness
or accident disability, medical and hospitalization expenses for
sickness or accident disability or death benefits if the
employee cannot receive any part of this payment instead of the
death benefit or any part of the premium if the benefit is
insured and cannot assign or receive cash instead of the benefit
upon withdrawal from or termination of the plan, system, policy
or services with the employer;
(B) A payment by an employer not deducted from
an employee's remuneration for the tax imposed under 26 U.S.C. §
3101;
(C) Any dismissal payment which the employer is
not obligated to make;
(D) The value of any meals or lodging furnished
by and for the convenience of the employer to the employee if
the meals are furnished on the business premises of the employer
or in the case of lodging, the employee is required to accept
lodging on the business premises of his employer as a condition
of his employment;
(E) Remuneration received by an employee as sick
pay following a six (6) month continuous period of illness;
(F) Any benefit received under a cafeteria plan
specified by 26 U.S.C. § 125, excluding cash;
(G) Wages of a deceased worker paid to a
beneficiary or estate following the calendar year of the
worker's death;
(H) Services received under any dependent care
assistance program to the extent excluded from gross income
under 26 U.S.C. § 129;
(J) Wages paid to a disabled worker during the
year following the year in which he became entitled to
disability insurance benefits under the Social Security Act;
(K) Services or benefits received under any
educational assistance program;
(M) Any benefit or other value received under an
employee achievement award;
(N) The value of any qualified group legal
services plan to the extent payments are excludable from gross
income under 26 U.S.C. § 120;
(O) Costs of group term-life insurance;
(P) Any loan repayment which is repaid at
interest rates below established market rates;
(Q) Any moving expenses;
(R) Employer contributions to any qualified
retirement or pension plan or individual retirement account and
distributions from qualified retirement and pension plans and
annuities under 26 U.S.C. § 403(b);
(S) Benefit payments under any supplemental
unemployment compensation plan; and
(T) Any benefits paid under this act or any
other worker's compensation law of another state.
(x) "Health care provider" means doctor of medicine,
chiropractic or osteopathy, dentist, optometrist, podiatrist,
psychologist or advanced practitioner of nursing, acting within
the scope of his license, licensed to practice in this state or
in good standing in his home state;
(xi) "Injury" means any harmful change in the human
organism other than normal aging and includes damage to or loss
of any artificial replacement and death, arising out of and in
the course of employment while at work in or about the premises
occupied, used or controlled by the employer and incurred while
at work in places where the employer's business requires an
employee's presence and which subjects the employee to
extrahazardous duties incident to the business. "Injury" does
not include:
(A) Any illness or communicable disease unless
the risk of contracting the illness or disease is increased by
the nature of the employment. For the period beginning January
1, 2020 through March 31, 2022 unless otherwise extended by the
legislature, if any employee in an employment sector for which
coverage is provided by this act is infected with the COVID-19
Coronavirus, it shall be presumed that the risk of contracting
the illness or disease was increased by the nature of the
employment;
(B) Injury caused by:
(I) The fact the employee is intoxicated or
under the influence of a controlled substance, or both, except
any prescribed drug taken as directed by an authorized health
care provider. The division shall define "intoxicated" and
"under the influence of a controlled substance" for purposes of
this subparagraph in its rules and regulations; or
(II) The employee's willful intention to
injure or kill himself or another.
(C) Injury due solely to the culpable negligence
of the injured employee;
(D) Any injury sustained during travel to or
from employment unless the employee is reimbursed for travel
expenses or is transported by a vehicle of the employer;
(E) Any injury sustained by the prisoner during
or any harm resulting from any illegal activity engaged in by
prisoners held under custody;
(F) Any injury or condition preexisting at the
time of employment with the employer against whom a claim is
made;
(G) Any injury resulting primarily from the
natural aging process or from the normal activities of
day-to-day living, as established by medical evidence supported
by objective findings;
(H) Any injury sustained while engaged in
recreational or social events under circumstances where an
employee was under no duty to attend and where the injury did
not result from the performance of tasks related to the
employee's normal job duties or as specifically instructed to be
performed by the employer; or
(J) Any mental injury unless it is:
(I) Caused by a compensable physical
injury, it occurs subsequent to or simultaneously with, the
physical injury and it is established by clear and convincing
evidence, which shall include a diagnosis by a licensed
psychiatrist, licensed clinical psychologist or psychiatric
mental health nurse practitioner meeting criteria established in
the most recent edition of the diagnostic and statistical manual
of mental disorders published by the American Psychiatric
Association. In no event shall benefits for a compensable mental
injury under this subdivision be paid for more than thirty-six
(36) months after an injured employee's physical injury has
healed to the point that it is not reasonably expected to
substantially improve; or
(II) Experienced by a first responder and
established by clear and convincing evidence, which shall
include a diagnosis by a licensed psychiatrist, licensed
clinical psychologist or psychiatric mental health nurse
practitioner meeting criteria established in the most recent
edition of the diagnostic and statistical manual of mental
disorders published by the American Psychiatric Association. The
mental injury shall not be considered a compensable injury if
the mental injury is directly attributed to disciplinary action,
work evaluation, job transfer, layoff, demotion, termination or
similar action taken by an employer. In no event shall any
disability benefit for a compensable mental injury under this
subdivision extend more than thirty-six (36) months beyond the
diagnosis of a compensable injury.
(xii) "Medical and hospital care" when provided by a
health care provider means any reasonable and necessary first
aid, medical, surgical or hospital service, medical and surgical
supplies, apparatus, essential and adequate artificial
replacement, body aid during impairment, disability or treatment
of an employee pursuant to this act including the repair or
replacement of any preexisting artificial replacement, hearing
aid, prescription eyeglass lens, eyeglass frame, contact lens or
dentures if the device is damaged or destroyed in an accident
and any other health services or products authorized by rules
and regulations of the division. "Medical and hospital care"
does not include any personal item, automobile or the remodeling
of an automobile or other physical structure, public or private
health club, weight loss center or aid, experimental medical or
surgical procedure, item of furniture or vitamin and food
supplement except as provided under rule and regulation of the
division and paragraph (a)(i) of this section for impairments or
disabilities requiring the use of wheelchairs;
(xiii) "Nonresident employer" means:
(A) An individual who was not domiciled in
Wyoming for at least twelve (12) months prior to commencing
operations in the state; or
(B) A partnership or other association if any
member does not qualify under subparagraph (A) of this
paragraph; or
(C) A corporation in which more than
three-fourths (3/4) of the capital stock is owned by individuals
who do not qualify under subparagraph (A) of this paragraph; and
(D) A person who uses or employs covered
individuals in Wyoming and who has not been a continuous
contributor under this act for twelve (12) months preceding the
use or employment.
(xiv) "Payroll" means "gross earnings" as defined
under paragraph (a)(ix) of this section;
(xv) "Permanent partial disability" means the
economic loss to an injured employee, measured as provided under
W.S. 27-14-405(j), resulting from a permanent physical
impairment;
(xvi) "Permanent total disability" means the loss of
use of the body as a whole or any permanent injury certified
under W.S. 27-14-406, which permanently incapacitates the
employee from performing work at any gainful occupation for
which he is reasonably suited by experience or training;
(xvii) "Spouse" means any individual legally married
to an employee at the time of injury or death;
(xviii) "Temporary total disability" means that
period of time an employee is temporarily and totally
incapacitated from performing employment at any gainful
employment or occupation for which he is reasonably suited by
experience or training. The period of temporary total disability
terminates at the time the employee completely recovers or
qualifies for benefits under W.S. 27-14-405 or 27-14-406;
(xix) "Joint employer" means any person, firm,
corporation or other entity which employs joint employees, is
associated by ownership, commonly managed or controlled and
contributes to the worker's compensation account as required by
this act;
(xx) "Employer making contributions required by this
act" means the employee's employer and any joint employer when
the employer or any joint employer reports the employee's wages
to the division on an account or through a consolidated worker's
compensation account and contributions are made to the account
as required by this act;
(xxi) "Joint employee" means any person:
(A) Who has an express or implied contract for
employment with more than one (1) joint employer at the same
time;
(B) Whose work is controlled by more than one
(1) joint employer; and
(C) Who is engaged in the performance of work
for more than one (1) joint employer.
(xxii) "Consolidated Wyoming worker's compensation
account" means an account maintained by the Wyoming workers'
compensation division to which an employer reports the wages of
its employees and joint employees for its own account and the
account of its joint employers, pursuant to which contributions
are made to the account as required by this act;
(xxiii) "Independent contractor" means an individual
who performs services for another individual or entity and:
(A) Is free from control or direction over the
details of the performance of services by contract and by fact;
(B) Repealed By Laws 1998, ch. 117, § 2.
(C) Represents his services to the public as a
self-employed individual or an independent contractor; and
(D) May substitute another person to perform his
services.
(xxiv) "Casual labor" means service of less than two
(2) consecutive weeks and not within the normal course of
business;
(xxv) "Temporary service contractor" means any
person, firm, association or corporation conducting a business
that employs individuals directly for the purpose of furnishing
services of the employed individuals on a temporary basis to
others;
(xxvi) "Temporary worker" means a worker whose
services are furnished to another employer on a temporary basis
to substitute for a permanent employee on leave or to meet an
emergency or short-term workload;
(xxvii) "This act" means W.S. 27-14-101 through 27-
14-902;
(xxviii) "State employee" means any individual
entering into service of or working under an employment contract
with any agency of the state of Wyoming for which compensation
is paid or which qualifies the individual to participate in the
state retirement account. Effective on and after July 1, 2002,
"state employee" shall include the University of Wyoming;
(xxix) "Professional athlete" means an individual who
receives payment from a team owner for competing on a baseball,
basketball, football, hockey or soccer team having its principal
place of business in Wyoming;
(xxx) For purposes of W.S. 27-14-207 and 27-14-806,
"person" means as defined in W.S. 8-1-102;
(xxxi) "First responder" means a peace officer or an
employee who is employed or volunteers as a firefighter, search
and rescue personnel or ambulance personnel;
(xxxii) "Member of the legislature" means a duly
elected or appointed member of the Wyoming legislature
commencing when the member's term begins if elected or upon
being sworn into office if appointed and until such time as the
member's seat is vacated as provided in W.S. 22-18-101 or the
member's term ends;
(xxxiii) "Student learner" means a person between the
ages of sixteen (16) years and eighteen (18) years who is
currently enrolled in a Wyoming school district, community
college or technical school and who enters into a student
training agreement with an employer pursuant to a student
learner agreement between the employer and the student learner's
school district. For purposes of this act, a student learner
shall be considered an employee under paragraph (vii) of this
subsection;
(xxxiv) "Student learner agreement" means an
agreement between a Wyoming school district, community college
or technical school and an employer that:
(A) Authorizes an employer to provide vocational
training and work experience to student learners;
(B) Provides for the student learner to receive
course credit from the school district, community college or
technical school for completing the vocational training or both
course credit and compensation from the employer;
(C) Specifies terms and conditions for any
student learner who is not eighteen (18) years of age in
accordance with federal law and regulation concerning the
performance of certain particularly hazardous work as defined by
federal regulation;
(D) Authorizes the student learner to be covered
under the worker's compensation program established under this
act.
(xxxv) "Student training agreement" means an
agreement entered into between an employer and a student of a
school district, community college or technical school with a
student learner agreement with the employer and that specifies
the terms and conditions included in the student learner
agreement and that is subject to the provisions of W.S. 27-14-
110. For students under the age of eighteen (18), a student
training agreement shall be signed by the student's parent or
guardian unless the student is an emancipated minor under W.S.
14-1-201 through 14-1-206.