Therefore, I respectfully dissent. Administrative actions beyond the scope of statutory authority are contrary to law and cannot stand. Just as the courts may not alter or amend worker's compensation legislation, neither may the agency charged with administration of that legislation toy with the law. Newton Drilling requested corporate officer coverage for David Newton in January of 1982, and faithfully submitted monthly premiums for the next eleven years. Newton Drilling never decided to cancel that coverage nor undertook written notice to the Division of such a decision.
Coverage remains effective until withdrawn by written notice to the division .
Hays v. State ex rel. Absent legislative directive, the Division was without authority to amend Wyo. However, the hearing officer determined that it was Newton Drilling's failure to return the unauthorized affidavit which was the factual cause for the Division's cancellation of corporate officer coverage. Only after several months of confusion, precipitated by the Division's unlawful cancellation of corporate officer coverage, did Newton Drilling give up in frustration andcease sending premiums to the Division. To the contrary, it is the liberal construction granted in favor of the Division by the majority which amounts to precisely that sort of broad liberal construction in favor of any party which the legislature has recently declared to be an anathema.