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[DOWNLOAD] "Wyoming Workers Comp. Div. v. Hollister" by Supreme Court of the United States ~ Book PDF Kindle ePub Free

Wyoming Workers Comp. Div. v. Hollister

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eBook details

  • Title: Wyoming Workers Comp. Div. v. Hollister
  • Author : Supreme Court of the United States
  • Release Date : January 06, 1990
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 64 KB

Description

The dispositive question in this case is whether a district court has authority to afford affirmative relief as a product of its review of a workers compensation proceeding. A second question that must be resolved is whether the district court properly ruled that the injured workman had not engaged in conduct that justified the invocation of the injurious practices statute, ร‚§ 27-12-412, W.S. 1977. A question related to both of these issues is whether the district court improperly substituted its judgment for that of the administrative hearing officer. We agree with the contention of the Wyoming Workers Compensation Division (Division) that the district court has no authority to afford affirmative relief in connection with a review of a workers compensation proceedings. Its disposition is limited to the review of authority articulated in the Wyoming Administrative Procedure Act, ร‚§ร‚§ 16-3-101 to -115, W.S. 1977 (Oct. 1982 Repl.). We agree, however, with the ruling of the district court that the injurious practices statute was not applicable, and we conclude that this ruling was properly made within the review authority of the district court. We reverse and remand this case for further proceedings in accordance with our opinion. - Page 888


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