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eBook details

• Title: Claim Of Pederson
• Author : Supreme Court of Wyoming
• Release Date : January 26, 1997
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 53 KB

Description

The primary challenge by Della M. Pederson (Pederson) to the denial of worker's compensation benefits by the hearing examiner is that the decision did not comport with the evidence. The hearing examiner found that the evidence did not demonstrate a job-related injury resulting from an accident at the job site and the "injury" for which Pederson sought benefits was not caused by her employment. Instead, the hearing examiner ruled that "the difficulties she encountered before and after September 15, 1994 [the date of the claimed injury] were the result of a pre-existing condition." The pre-existing condition found by the hearing examiner was diabetes with associated physical deterioration. As collateral issues, Pederson asserts procedural improprieties leading to a decision that was arbitrary, capricious, and an abuse of discretion or otherwise not in accordance with law. The record includes substantial evidence, although controverted in part, to support the findings of fact by the hearing examiner. We are satisfied that the decision is not arbitrary, capricious, an abuse of discretion, or otherwise not supported by law. We hold that the hearing examiner correctly applied the law to the facts that properly were found, and the decision of the hearing examiner is affirmed.

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