In the Matter of the Worker's Compensation Claim of: Joseph A. Schwab v. JTL Group, Inc., d/b/a Knife River

Summary

The Wyoming Supreme Court reviewed a workers’ compensation dispute involving an employer’s untimely objection to a Division redetermination awarding benefits. The court converted the nonappealable appeal into a petition for writ of review, held that equitable estoppel did not excuse the late objection, and reinstated the Office of Administrative Hearings’ summary judgment decision.

Holdings

1. A district court order reversing and remanding an administrative matter for further substantive proceedings and a contested case hearing is not an appealable order under W.R.A.P. 1.05.
2. The court may convert an attempted appeal into a petition for a writ of review when the issue is a matter of law and appellate review will materially advance resolution of the litigation.
3. JTL could not establish equitable estoppel as a matter of law because its reliance on the Division's December 8 statement was not reasonable or justifiable under the circumstances.
4. The OAH properly granted Schwab summary judgment because JTL's objection to the redetermination was untimely and JTL could not establish equitable estoppel to avoid the deadline.

Questions Presented

1. Whether the district court's order reversing and remanding the administrative proceeding was appealable under W.R.A.P. 1.05.
2. Whether the attempted appeal should be converted into a petition for a writ of review.
3. Whether the Division's December 8, 2011 representation could equitably estop application of the deadline for JTL to object to the redetermination and request a hearing.
4. Whether the OAH properly granted summary judgment to Schwab based on JTL's untimely objection.

Disposition

reversed