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In Re Workers Compensation of Poll

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eBook details

  • Title: In Re Workers Compensation of Poll
  • Author : Wyoming Supreme Court
  • Release Date : January 09, 1998
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 58 KB

Description

The essential issue in this appeal by Jonathan Scott Poll (Poll) is the lawfulness of the action of the Division of Workers Safety and Compensation (Division) of the Department of Employment (Department) in referring the matter to the Departments Internal Hearing Unit (IHU). The Department referred the issue of the timeliness of Polls response to a notification of a final determination by the Division to the IHU. That resulted in a Final Agency Order which denied further administrative review because Poll had failed to make a timely response to the Divisions final determination. Poll sought review of the Final Agency Order, and the district court ruled that the Department had authority to adopt rules and regulations establishing the IHU and specifying its functions. The district court also held that neither the Division nor the Department was required to submit to the Office of Hearing Examiners the issue of timeliness of the filing of a response to a final determination. We recently considered substantially identical issues in Sheneman v. Division of Workers Safety and Compensation Internal Hearing Unit, 956 P.2d 344 (Wyo. 1998). We apply and follow the resolution in Sheneman, and affirm the Order of the district court.


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