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Bailey v. State ex rel Wyoming Workers' Safety and Compensation Division9/30/2002
Consequently, when there is a conflict in the evidence as to this question, the claimant must prove by a preponderance of the evidence that the injury was work-related and not pre-existing. Dan's Supermarket, at , quoting Corman, 909 P.2d at 969. Simply put, Bailey failed to prove by a preponderance of the evidence that her knee and neck injuries were work related and not pre-existing. The medical and other evidence, even when viewed in a light most favorable to Bailey, is inconclusive. Therefore, because the evidence presented does not support Bailey's claim for benefits with respect to her knee and neck injuries, the OAH properly denied those claims.
[ ] Finally upon our de novo review, we hold that the denial of temporary total disability benefits to Bailey by the OAH under the above circumstances was in accord with the law as expressed under the applicable provisions of the Wyoming Worker's Compensation Act.
CONCLUSION
[ ] We affirm the order of the OAH denying benefits to Bailey concerning her knee and neck injury claims.
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