WPDN Partner Receives Favorable WY Supreme Court Ruling for Worker’s Compensation Claimant
P. Craig Silva recently obtained a favorable decision by the Wyoming Supreme Court in Circle C Resources, Inc. v. Kobielusz and State of Wyoming, ex. rel. (2014) 320 P.3d 213, Mr. Silva represented employee/claimant Ms. Kobielusz. From 2005 until her termination of employment in 2011, Ms. Kobielusz was employed as case manager, day habilitation provider and host family provider for Circle C Resources, Inc. In 2010, Ms. Kobielusz fell and broke her ankle while entering the Circle C Resources’ office to pick up clients from their day rehabilitation program. In February 2011, The State of Wyoming Workers’ Safety and Compensation Division (“Division”) issued a final determination finding that Ms. Kobielusz experienced a compensable injury as a result of the fall. Circle C Resources objected and requested a contested hearing before the Office of Administrative Hearings (“OAH”). At the hearing, Circle C asserted that Ms. Kobielusz was not an employee, but rather an independent contractor and questioned whether Ms. Kobielusz had incurred her injury in the manner claimed. Following the hearing, the OAH issued an order upholding the Division’s final determination. The OAH concluded that Ms. Kobielusz was an employee of Circle C Resources while providing the host family services, and that she had experienced a compensable injury. Circle C Resources challenged the OAH’s decision and the district court affirmed the decision. The Wyoming Supreme Court affirmed the district court decision in favor of Ms. Kobielusz.