(Download) "Wyoming St. Tr., Work. Comp. Dept. v. Niezwaag" by Supreme Court of Wyoming ~ eBook PDF Kindle ePub Free
eBook details
- Title: Wyoming St. Tr., Work. Comp. Dept. v. Niezwaag
- Author : Supreme Court of Wyoming
- Release Date : January 09, 1968
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
During the period 1953 through the early part of the year 1957 the claimant, Herke Niezwaag, obtained an award under the Workmen's
Compensation Law for temporary total disability and an award for permanent partial disability as the result of the loss of
a part of a leg below the knee caused by an injury received in a covered occupation. In 1967 there was a reoccurrence of difficulty
with the stump to which an artificial limb had been fitted and claimant filed an application to have his case reopened and
also filed a claim for an award for further temporary total disability. The employer objected and the matter was set for hearing. Subsequently, however, the parties and the court agreed that the objections made raised only a question of law and the matter
would be so submitted. In the meantime the State Treasurer, on behalf of the Workmen's Compensation Department, also objected
to the reopening of the case and the allowance of the claim. Briefs were filed and on November 24, 1967, the trial judge in
a letter addressed to the attorneys and entitled "MEMORANDUM OPINION" — a copy of which was filed for record with the clerk
of court — advised counsel, after discussion of the legal principles involved, that he had concluded "the application of Mr.
Niezwaag must be allowed." The opinion ended with the words, "The claim will be allowed." Thereafter the State Treasurer timely
filed notice of appeal "from that certain order and memorandum opinion dated the 24th day of November, 1967."