Brad Ragan Tire Co. v. Gearhart Industries, 87-118
| Decision Date | 06 November 1987 |
| Docket Number | No. 87-118,87-118 |
| Citation | 744 P.2d 1125 |
| Parties | BRAD RAGAN TIRE COMPANY, Appellant (Employer-Objector), v. GEARHART INDUSTRIES, Appellee (Former Employer), v. Robert LADDUSAW, (Employee-Claimant). |
| Court | Wyoming Supreme Court |
Thomas E. Lubnau, II, Gillette, for appellant.
Steven R. Czoschke, Gillette, for appellee.
Before BROWN, C.J., and THOMAS, CARDINE, URBIGKIT and MACY, JJ.
This is an appeal from a judgment and order awarding Robert Laddusaw total temporary worker's compensation benefits chargeable to his employer, appellant Brad Ragan Tire Company, rather than apportioning the payment of the award between his employer and his former employer, appellee Gearhart Industries.
We affirm.
The issue on appeal is:
"WHETHER THE COURT BELOW ERRED IN FAILING TO APPORTION THE WORKMEN'S COMPENSATION BENEFITS BETWEEN TWO EMPLOYERS WHEN TWO SUCCESSIVE INCIDENTS COMBINED TO PRODUCE A SINGLE DISABILITY."
On May 4, 1985, Laddusaw injured his knee during the course of his employment with Gearhart Industries. He received total temporary disability worker's compensation benefits which were charged to the account of Gearhart Industries. On September 7, 1985, Laddusaw was released by his physician to return to work, and on that day he commenced his employment with Brad Ragan Tire Company, after having received a preemployment physical examination.
During his employment with Brad Ragan Tire Company, Laddusaw's knee collapsed on several occasions because his thigh muscles had failed to redevelop after the first injury. On July 11, 1986, while in the course of his employment with Brad Ragan Tire Company, he bent down to pick up a tire and suffered a second injury to the same knee. Laddusaw has not applied for permanent partial disability benefits.
Brad Ragan Tire Company contends that Laddusaw's temporary disability was caused by the two knee injuries and that the temporary total disability payments therefor should be prorated between it and Gearhart Industries. However, Brad Ragan Tire Company has appealed this case without the trial court making the necessary finding that the disability was caused by the two knee injuries. An examination of finding six contained in the judgment and order of the trial court reveals a finding to the contrary:
...
To continue reading
Request your trial
-
JBC of Wyoming Corp. v. City of Cheyenne
...do so now. Graham v. Wyoming Peace Officer Standards and Training Commission, Wyo., 737 P.2d 1060 (1987)." Brad Ragan Tire Co. v. Gearhart Industries, 744 P.2d 1125, 1126 (Wyo.1987). Our rule is that this court does not offer advisory opinions. Briggs v. Wyoming Nat'l Bank, 836 P.2d 263 (Wy......
-
Briggs v. Wyoming Nat. Bank of Casper
...This Court has repeatedly said that it will not issue advisory opinions, and we decline to do so now. Brad Ragan Tire Company v. Gearhart Industries, 744 P.2d 1125, 1126 (Wyo.1987); State Board of Equalization v. Jackson Hole Ski Corporation, 745 P.2d 58, 59 Mrs. Briggs' trust agreement was......
-
Price v. Sorrell
...a well established principle. State Board of Equalization v. Jackson Hole Ski Corp., 745 P.2d 58 (Wyo.1987); Brad Ragan Tire Co. v. Gearhart Industries, 744 P.2d 1125 (Wyo.1987); Graham v. Wyoming Peace Officer Standards and Training Com'n., 737 P.2d 1060 (Wyo.1987); Reno Livestock Corp. v.......
-
Dunnegan v. Laramie County Com'rs
...773 P.2d 156 (Wyo.1989); State Bd. of Equalization v. Jackson Hole Ski Corp., 745 P.2d 58 (Wyo.1987); Brad Ragan Tire Co. v. Gearhart Indus., 744 P.2d 1125 (Wyo.1987); Graham v. Wyoming Peace Officer Standards and Training Comm'n., 737 P.2d 1060 (Wyo.1987); Kurpjuweit v. Northwestern Dev. C......