In the Matter of the Worker's Compensation Claim of April D. Ludwig v. State of Wyoming, ex rel., Wyoming Workers' Safety and Compensation Division, 2004 WY 34

Summary

The Supreme Court of Wyoming affirmed the denial of April D. Ludwig’s claim for permanent partial disability benefits. The court held that substantial evidence supported the administrative finding that Ludwig had not actively sought suitable employment as required by Wyo. Stat. § 27-14-405(h), and rejected her arguments concerning agency rules and due process.

Holdings

1. The OAH's determination that Ludwig failed to prove she had actively sought suitable employment was supported by substantial evidence.
2. The issue was not properly preserved because it was not raised before the OAH, and in any event the OAH's decision was supported by the statutory language requiring an active search for suitable employment.
3. The OAH did not deny Ludwig due process because the determinative issue was whether she actively sought suitable employment, and Ludwig had adequate notice of and fully litigated that issue.

Questions Presented

1. Whether substantial evidence supported the OAH's determination that Ludwig failed to prove she had actively sought suitable employment as required for permanent partial disability benefits.
2. Whether the OAH improperly relied on agency rules concerning active job searches rather than the language of Wyo. Stat. Ann. § 27-14-405(h).
3. Whether consideration of Ludwig's degenerative back condition violated due process because she lacked notice that the issue would be considered.

Disposition

affirmed