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Carabajal v. State9/16/2005
ied the second compensable injury rule and determined that claimant had failed to meet his burden of proof under the rule. YenneTully II, 14. The decision of the hearing officer in Yenne-Tully II was necessitated by our decision in Yenne-Tully I.
[ ] In Yenne-Tully I, the hearing examiner erroneously failed to apply the second compensable injury rule and we reversed on the basis that the " earing xaminer incorrectly applied the burden of proof imposed by ยง 27-14-605." Yenne-Tully I, 12 P.3d at 173. We determined that the proper remedy was to remand for reconsideration by the hearing examiner. We stated:
Having determined that the Hearing Examiner invoked the inappropriate burdens of proof, it is of no consequence whether those burdens were met. The decision of the Hearing Examiner is reversed, and the case is remanded to the Office of Administrative Hearings for reconsideration in light of the second compensable injury rule.
Id. Here, we reach the same conclusion we reached in Yenne-Tully I.
[ ] The hearing examiner erred as a matter of law in failing to consider the facts of this case under the second compensable injury rule. This case is reversed and remanded to the Office of Administrative Hearings for reconsideration of all the issues under the second compensable injury rule.
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