Sidwell v. State ex rel. Wyo. Worker's Comp. Div
In Sidwell v. State ex rel. Wyo. Worker's Comp. Div. 977 P.2d 60 (Wyo. 1999), the worker argued that the hearing examiner was limited to deciding only whether his pre- and post-injury earnings were comparable because that was the basis for the denial of benefits in the final determination letter. Id.
The Court determined that, because the notice of hearing disclosed that the issue to be decided was denial of the disability award and because Sidwell did not limit his presentation of evidence to the comparable wage issue, the hearing examiner was not limited to determining whether the pre-and post-injury wages were comparable. Id.