27-14-802 with one-half (1/2) of the monthly award paid on or
about the fifteenth of the month and one-half (1/2) paid on or
about the thirtieth of the month. For temporary light duty
under paragraph (a)(i) of this section, the award shall be paid
monthly at the rate of eighty percent (80%) of the difference
between the employee's light duty wage and the employee's actual
monthly earnings at the time of injury. For permanent partial
and permanent total disability or death under paragraphs
(a)(iii), (iv) and (v) of this section, the award shall be paid
monthly computed as follows:
(i)For those employees whose actual monthly earnings
are less than seventy-three percent (73%) of the statewide
average monthly wage, the award shall be ninety-two percent
(92%) of the injured employee's actual m
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27-14-802 with one-half (1/2) of the monthly award paid on or
about the fifteenth of the month and one-half (1/2) paid on or
about the thirtieth of the month. For temporary light duty
under paragraph (a)(i) of this section, the award shall be paid
monthly at the rate of eighty percent (80%) of the difference
between the employee's light duty wage and the employee's actual
monthly earnings at the time of injury. For permanent partial
and permanent total disability or death under paragraphs
(a)(iii), (iv) and (v) of this section, the award shall be paid
monthly computed as follows:
(i) For those employees whose actual monthly earnings
are less than seventy-three percent (73%) of the statewide
average monthly wage, the award shall be ninety-two percent
(92%) of the injured employee's actual monthly earnings;
(ii) For those employees whose actual monthly
earnings are equal to or greater than seventy-three percent
(73%) of the statewide average monthly wage, but less than the
statewide average monthly wage, the award shall be two-thirds
(2/3) of the statewide average monthly wage;
(iii) For those employees whose actual monthly
earnings are greater than or equal to the statewide average
monthly wage, the award shall be two-thirds (2/3) of the
employee's actual monthly earnings, but the award shall be
capped at and shall not exceed the statewide average monthly
wage;
(iv) In the case of death due to work related causes,
and if the award computed under paragraph (i), (ii) or (iii) of
this subsection is less than eighty percent (80%) of the
statewide average monthly wage, the award shall be adjusted to
an amount not less than eighty percent (80%) of the statewide
average monthly wage or seventy-five percent (75%) of the
injured employee's actual monthly earnings at the time of
injury, whichever is greater. In no event shall the award
exceed two (2) times the statewide average monthly wage for the
twelve (12) month period immediately preceding the quarterly
period in which the injury occurred as determined pursuant to
W.S. 27-14-802;
(v) Awards for permanent total disability shall be
adjusted for inflation annually by the division, using the
consumer price index or its successor index of the United States
department of labor, bureau of labor statistics, for the
calendar year before the date of adjustment or three percent
(3%), whichever is less. The adjustment provided by this
paragraph shall apply to all awards for permanent total
disability benefits in effect on or after July 1, 2009 using as
the base for calculation the award in effect on that date or the
first award, whichever is later. The adjustment shall become
effective annually on July 1 and shall be applied to all awards
for permanent total disability that were first made at least one
(1) year before the effective date of the adjustment.
(d) If an injured employee entitled to receive or
receiving an award under paragraph (a)(ii), (iii) or (iv) of
this section dies due to causes other than the work related
injury, the balance of the award shall be paid:
(i) To the surviving spouse;
(ii) If there is no surviving spouse or if the spouse
remarries or dies, the balance of the award shall be paid to the
surviving dependent children of the employee. Each surviving
dependent child shall receive a share of the award in the
proportion that the number of months from the death or
remarriage until the child attains the age of majority, or if
the child is physically or mentally incapacitated until the
child attains the age of twenty-one (21) years, bears to the
total number of months until all children will attain these
ages;
(iii) If there is no surviving spouse or if the
spouse remarries or dies and there are no dependent children or
the children have attained the age of majority or twenty-one
(21) if physically or mentally incapacitated, or die, the
balance of the award shall be paid to a surviving parent of the
employee if the parent received substantially all of his
financial support from the employee at the time of injury. If
two (2) remaining parents of the employee who received
substantially all of their financial support from the employee
at the time of the injury survive the employee, the balance of
the award shall be divided equally between the two (2) parents;
(iv) Payment of the award shall cease:
(A) If there is no surviving spouse, dependent
children or dependent parents;
(B) Upon remarriage or death of a spouse and
there are no dependent children or dependent parents;
(C) Upon the death of a dependent child as to
payments to that child; and
(D) Upon the death of a dependent parent as to
payments to that parent.
(e) If an injured employee dies as a result of the work
related injury whether or not an award under paragraphs (a)(i)
through (iv) of this section has been made:
(i) All awards under paragraphs (a)(i) through (iv)
of this section shall cease as of the date of death;
(ii) The burial expenses of the deceased employee
shall be paid in an amount not to exceed five thousand dollars
($5,000.00) together with an additional amount of five thousand
dollars ($5,000.00) to cover other related expenses, unless
other arrangements exist between the employer and employee under
agreement;
(iii) The surviving spouse shall receive for one
hundred (100) months a monthly payment as provided by subsection
(c) of this section. If the surviving spouse dies before the
award is entirely paid or if there is no surviving spouse, the
unpaid balance of the award shall be paid to the surviving
dependent children of the employee in the manner prescribed by
paragraph (d)(ii) of this section. If there are no dependent
children, further payments under this paragraph shall cease as
of the date of the spouse's death;
(iv) In addition to any amount paid under paragraph
(e)(iii) of this section, surviving children shall receive an
award as provided by subsection (b) of this section;
(v) If the employee died with no surviving spouse or
dependent children but with one (1) surviving parent or two (2)
surviving parents of the employee who received at least one-half
(1/2) of his or their financial support from the employee at the
time of injury, the surviving parent or parents shall receive a
monthly payment as provided by subsection (c) of this section
for sixty (60) months thereafter or until the parent or the
survivor of them dies.
(f) Awards to an employee or a spouse for permanent
partial disability, permanent total disability or death may,
upon application to the division with a showing of exceptional
necessity and notice to the employer, be paid in whole or in
part in a lump sum. In no event shall an award for permanent
partial impairment under W.S. 27-14-405 be paid in a lump sum.
(g) Following payment in full of any award, or if a lump
sum settlement was made under subsection (f) of this section
when the award would have been fully paid but for the lump sum
settlement, to an employee for permanent total disability or to
a surviving spouse for death of an employee, an additional award
for extended benefits may be granted subject to the following
requirements and limitations:
(i) In the case of an employee:
(A) A claim for compensation is filed by the
employee or someone on his behalf;
(B) The employee establishes a reasonable effort
on his behalf has been made to return to part time or full time
employment including retraining and educational programs;
(C) The division in determining entitlement
under this paragraph shall consider the amount of the monthly
award made to an injured worker pursuant to W.S.
27-14-403(a)(iv), all earned income of the injured worker, all
employment based retirement income of the injured worker, all
income derived by the injured worker as a result of the injury,
excluding mortgage or any other loan credit insurance, or any
supplemental income insurance purchased by or on behalf of the
employee and any periodic payments from any other governmental
entity to the injured worker. The division shall not consider
any other income received by the injured worker or members of
the injured worker's household;
(D) The maximum monthly amount of additional
compensation shall not exceed the amount provided in subsection
(c) of this section;
(E) The division may attach reasonable
conditions to application for or receipt of awards under this
subsection including retraining or educational programs and the
award may be adjusted in accordance with fulfillment of the
conditions;
(F) The division may decrease an award to
qualify an employee eligible for maximum benefits under any
other state or federal pension plan;
(G) Any award granted under this subsection
shall not exceed twelve (12) months unless the division
determines an award for a period exceeding twelve (12) months
but not greater than four (4) years is appropriate.
(ii) In the case of a surviving spouse, upon
application to the division and a showing of necessity, the
division may award continued monthly payments to the spouse not
to exceed one-third (1/3) of the statewide average monthly wage
for the twelve (12) month period immediately preceding the
quarter in which the injury occurred. An award granted under
this paragraph shall not exceed twelve (12) months but may be
renewed and shall cease at the time the spouse dies or
remarries.
(h) All awards to a minor or individual with a legal
disability shall be paid:
(i) To the legal guardian or conservator if one
exists; or
(ii) As the division determines to be in the best
interests of the minor or individual if there is no legal
guardian or conservator.
(j) As used in this section:
(i) "Actual monthly earnings" means the injured
employee's actual monthly earnings at the time of injury
excluding any payment for casual or unscheduled overtime and any
fringe benefit;
(ii) "Overtime" means payments for work in excess of
forty (40) hours per week;
(iii) "Statewide average monthly wage" means the
statewide average monthly wage for the twelve (12) month period
immediately preceding the quarterly period in which the injury
occurred as determined pursuant to W.S. 27-14-802.
(k) Any injured worker who has or is receiving medical
services entirely in Wyoming from a Wyoming health care provider
shall be eligible if otherwise qualified for temporary total
disability payments at the rate of seventy percent (70%) of the
injured worker's actual monthly earnings at the time of the
injury but not to exceed one hundred and three percent (103%) of
the statewide average wage for the twelve (12) month period
immediately preceding the quarterly period in which the injury
occurred as determined pursuant to W.S. 27-14-802, with the
following exceptions:
(i) If an injured worker is injured outside of
Wyoming, the injured worker if otherwise qualified shall be
eligible to receive temporary total disability payments at the
rate provided in this subsection, provided the injured worker
receives services entirely in Wyoming from a Wyoming health care
provider after initial treatment following the injury;
(ii) An injured worker otherwise qualified for
temporary total disability payments shall be eligible to receive
temporary total disability payments at the rate provided in this
subsection if the services or treatment by an out-of-state
health care provider were rendered upon the instruction of the
division; or
(iii) An injured worker otherwise qualified for
temporary total disability payments shall be eligible to receive
temporary total disability payments at the rate provided in this
subsection if due to unavailability of medical services in
Wyoming, the division provides written authorization, before or
after treatment, to the injured worker to obtain the medical
services from an out-of-state health care provider and the out-
of-state health care provider agreed to accept as full payment
the fees paid by the division pursuant to the division's fee
schedule. For purposes of this subsection, medical services
shall be deemed unavailable in Wyoming if the distance from the
injured worker's residence to an in-state health care provider
is at least one hundred (100) miles greater than the distance
from the injured worker's residence to an out-of-state medical
provider;
(iv) An injured worker otherwise qualified for
temporary total disability payments shall be eligible to receive
temporary total disability payments at the rate provided in this
subsection if the employer has a contractual agreement with an
out-of-state health care provider.