Yenne-Tully v. State ex rel. Workers' Safety and Compensation Div
In Yenne-Tully v. State ex rel. Workers' Safety and Compensation Div., 12 P. 3d 170, 172 (Wyo. 2000), the claimant suffered a compensable back injury in 1989.
He received benefits from the Division for approximately two years. In 1997, Yenne-Tully awoke in pain due to a herniated disc. Id.
Due to the perceived lack of a work-related triggering event for the 1997 injury, the hearing examiner applied the burden of proof set forth in Wyo. Stat. Ann. 27-14-603(a) regarding injuries which develop over a substantial period of time. Id. at 172.
The Court recognized that the second compensable injury rule was applicable in Yenne-Tully's case. Id. We reversed and remanded for reconsideration in light of the second compensable injury rule, finding it error to invoke an inappropriate burden of proof. Id. at 173.