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Johnson v. State2/22/1996
Certification from the District Court of Campbell County; Terrence L. O'Brien, Judge.
The hearing examiner denied Appellant Susan Y. Johnson's claim for worker's compensation benefits on behalf of herself and her two minor children. Appellants filed a petition for review of the hearing examiner's decision with the district court, and that court certified the case to the Wyoming Supreme Court pursuant to WYO.R.APP.P. 12.09(b).
We affirm the hearing examiner's decision.
ISSUES
In their brief, Appellants present this statement of the issues:
A. Can the Division meet its burden of proof regarding intoxication through reliance on evidence which does not meet the required "reasonable degree of medical probability standard" and which is elicited from an expert who has already testified that he is not able to express an opinion and admits that he is not qualified to do so?
B. Can the OAH improperly shift the burden of proof on intoxication to the employee by making lack of intoxication a part of the employee's burden on scope of employment, when the undisputed facts and applicable law demonstrate that the employee was within the scope of employment?
C. Was blood sample evidence admitted and relied upon in violation of statutory and constitutional requirements?
Appellee Wyoming Workers' Compensation Division (Division) states the issues as follows:
A. Whether the hearing examiner's determination that the employee 's death did not arise out of and in the course of his employment is supported by substantial evidence and in accordance with law.
B. Whether blood samples taken by the county coroner, without the knowledge and consent of the deceased's family, were properly admitted as evidence in the contested case proceeding.
C. Whether the record contains substantial evidence to support the hearing examiner's determination that employee was intoxicated at the time of his accident and that employee's intoxication caused his accident and death.
D. Whether the record contains substantial evidence to support the hearing examiner's determination that employee 's culpable negligence was the sole cause of his accident and death.
FACTS
The decedent, Steven R. Johnson (Johnson), lived in Gillette and was employed as a Senior Public Defender with the State of Wyoming, Public Defender's Office. At approximately 1:30 p.m. on June 2, 1994, Johnson left his home in Gillette to travel to the annual public defender seminar in Saratoga. Prior to embarking on his trip, Johnson purchased food, camping supplies, a case of beer and a fifth of schnapps. Johnson arrived in Encampment some time before 9:00 p.m. on June 2, 1994 and shortly after 9:00 p.m. phoned his wife, Appellant Susan Johnson, to inform her that he had arrived safely.
At approximately 12:30 a.m. on June 3, 1994, Johnson's vehicle and body were discovered on Highway 70 approximately .3 of a mile south of Encampment and .2 of a mile south of the turnoff to a campground where Mr. Johnson's belongings were found at a campsite he had established. The entrance to the campground was between the accident site and Encampment.
An investigation revealed that Johnson's vehicle had crossed the center line and had gone off the left edge of the highway, then returned to the roadway, over-corrected to the left, causing the vehicle to roll up to three times. The vehicle came to rest upright. Johnson was ejected from the vehicle during the accident and either the vehicle or one of its tires rolled over his chest. Johnson's body
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