[Download] "Firemens Pension Fund v. Hoy" by Supreme Court of Wyoming ~ Book PDF Kindle ePub Free
eBook details
- Title: Firemens Pension Fund v. Hoy
- Author : Supreme Court of Wyoming
- Release Date : January 30, 1973
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
Alexander J. Hoy, an employee of the Cheyenne Fire Department for some thirteen years, applied for disability pension under the firemens pension fund law, § 15.1-303 et seq., W.S. 1957, C. 1965, attaching to his application a letter from an orthopaedic surgeon regarding his physical condition. A second orthopaedic surgeon, employed by the State Treasurer, reported he did not "feel that * * * [Hoy was] physically disabled" and saw no reason why he was incapable of carrying out his normal duties as a fireman. In accordance with custom, the Workmens Compensation Department appointed a third specialist. He reported the possibility that Hoy could have an acute attack of disabling low back Page 366 pain while in a dangerous position and recommended that strong, favorable consideration be given to his request for retirement. The Workmens Compensation Department then asked for clarification of the views of the orthopaedic surgeon first consulted, who stated the applicant had a disability which limited the work he could do but that he was employable and light to moderately heavy work was feasible. Thereafter the treasurer issued findings of fact and conclusions of law, denying the pension on the ground all examining physicians agreed applicant was capable of performing light duties of a fireman and that an opening existed in floor-watch duty for which applicant was qualified. Hoy petitioned for review to the district court, which after requesting and considering briefs of the parties found that under the Wyoming Administrative Procedure Act the controversy had been a contested case and that pursuant to Rule 72.1(h), W.R.C.P., the case must be remanded to the State Treasurer for the purpose of taking further evidence — holding in abeyance, pending further decision by the treasurer, the petition for review.