Carson v. Wyoming State Penitentiary
Decision Date | 07 April 1987 |
Docket Number | No. 86-76,86-76 |
Citation | 735 P.2d 424 |
Parties | In the Matter of the Protest Upon the Worker's Compensation Claim of Gary L. CARSON, Appellant (Claimant/Employee), v. WYOMING STATE PENITENTIARY, Appellee (Employer), The State of Wyoming, ex rel. Wyoming Worker's Compensation Division, Appellee (Objector). |
Court | Wyoming Supreme Court |
Michael R. O'Donnell, Cheyenne, for appellant.
A.G. McClintock, Atty. Gen., Josephine T. Porter, and Patrick J. Crank, Asst. Attys. Gen., for appellees.
Before BROWN, C.J., and THOMAS, CARDINE, URBIGKIT and MACY, JJ.
Can the trial court, in awarding Worker's Compensation benefits for an inmate injured at a confinement institution, offset benefits paid against maintenance costs at the institution?
This issue is here following the trial court's denial of a Rule 60(b), W.R.C.P. motion, which we now reverse. 1
Claimant Gary Carson, while incarcerated at the Wyoming State Penitentiary, claimed that a back injury occurred in December, 1984, while shoveling snow at the institution. A Worker's Compensation claim followed, answered by a penitentiary protest that Carson's injury resulted from falling out of bed.
On November 7, 1985, following an October trial, the district court found in favor of Carson and awarded benefits from the date of the award. Any question regarding the effective date of the award is a matter of trial fact and his work record, neither of which is available for review Carson contends that he did not know about the limitation on his award until after the appeal time had expired, at which time he initiated a pro-se motion from the penitentiary to vacate pursuant to Rule 60(b), W.R.C.P. The motion was denied February 6, 1986, and this appeal ensued, with counsel now appointed to represent him on appeal.
here, first because both are more properly a matter of initial decision, and, second, because no evidentiary record is available from which a disagreement with the trial court's decision could be documented for this court to review. Nuspl v. Nuspl, Wyo., 717 P.2d 341 (1986); Feaster v. Feaster, Wyo., 721 P.2d 1095 (1986).
We will first address the substantive issue of offset, and then analyze whether Rule 60(b) was available to the claimant absent an appeal from the initial decision.
The State argues thoughtfully, but without authority, that where the claimant is an inmate, the purpose of the benefits, to support the claimant during a "healing period," is absent, and that consequently the trial court has discretion to offset. Our review of the statute leads us to a contrary conclusion that, if eligibility is established, the trial court has no discretion to deny payments or offset maintenance costs against payments.
In Matter of Injury to Spera, Wyo., 713 P.2d 1155, 1157-1158 (1986) this court stated:
The State's effort to distinguish our holding in Spera, by arguing that this case involves an offset rather than a denial of benefits, is unpersuasive. Worker's Compensation benefits are personal in nature, and payment of those benefits shall only be made to the person designated by the statute. 2 Larson, Worker's Compensation § 58.46 (1986). We find no statutory provision which would accommodate the trial court's decision, and consequently, we hold that payment of the benefits to this employer, Wyoming State Penitentiary, as with any other employer, for work-incurred injuries was improper.
The legislature, in its 1986 special session, accurately perceived the problem of the incarcerated claimant, and enacted the statutory provision contained in fn. 1. We will not provide, by judicial legislation, a retroactive effect to that later enactment, particularly so because that law does not become effective until July 1, 1987.
AVAILABILITY OF RELIEF UNDER RULE 60(b)
This court has held that relief under this rule is addressed to the sound discretion of the trial court, McBride v. McBride, Wyo., 598 P.2d 814 (1979); Martellaro v. Sailors, Wyo., 515 P.2d 974 (1973); Atkins v. Household Finance Corp. of Casper, Wyo., 581 P.2d 193 (1978), and the provisions are not a substitute for appeal. Paul v. Paul, Wyo., 631 P.2d 1060 (1981); Kennedy v. Kennedy, Wyo., 483 P.2d 516 (1971). This court discussed Rule 60(b) discretion in McBride v. McBride, supra, 598 P.2d at 816, quoting from Moore:
We have since restated our conception of discretion in a fair and clear definition by Justice Brown in Martin v. State, Wyo., 720 P.2d 894, 897 (1986):
"Judicial discretion is a composite of many things, among which are conclusions drawn from objective criteria; it means a sound judgment exercised with regard to what is right under the circumstances and without doing so arbitrarily or capriciously."
This court must decide whether the trial court, in its exercise of Rule 60(b) discretion which resulted in the denial of benefits to Mr. Carson, misconstrued the basic structure of Worker's Compensation benefits established by statute and founded on Art. 10, § 4 of the Wyoming Constitution ( ):
* * * "
We conclude, under the required liberal construction of the Worker's Compensation Act, Matter of Injury to Millsap, Wyo., 732 P.2d 1065 (1987), that the statutory and constitutional promise of Workers Compensation cannot be withdrawn by an incorrect exercise of discretion under Rule 60, W.R.C.P. so that granted benefits are not paid to the injured worker.
Reversed and remanded for further proceedings in conformity herewith.
I do not disagree with the majority's well-reasoned opinion regarding the substantive issue of offset. I am certain that the legislature never intended that a denizen of the prison collect worker's compensation benefits. 1 My disagreement with the majority is that this court need not address the issue of offset whatsoever.
We have consistently held that an application under Rule 60(b), Wyoming Rules of Civil Procedure, is not a substitute for an appeal. See, Matter of Injury to Seevers, Wyo., 720 P.2d 899, 903 (1986); McBride v. McBride, Wyo., 598 P.2d 814 (1979); Martellaro v. Sailors, Wyo., 515 P.2d 974 (1973); and Kennedy v. Kennedy, Wyo., 483 P.2d 516 (1971). Further, it is well recognized that the proponent of a Rule 60(b) motion has the burden of establishing that his claim falls within one of the six specific instances enumerated by Rule 60(b) 2 and that the trial court abused its discretion in denial of Rule 60(b) relief. See, Matter of...
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Tegeler v. State, S–12–0205.
...finality of judgments, as expressed in our precedent relating to the application of Rule 60(b). See, e.g., Carson v. Wyoming State Penitentiary, 735 P.2d 424 (Wyo.1987); McBride v. McBride, 598 P.2d 814 (Wyo.1979) (noting that a trial court should consider the principle of finality of judgm......