Beitel v. STATE EX REL. WORKERS'COMPENSATION DIV.

991 P.2d 1242
CourtWyoming Supreme Court
DecidedDecember 7, 1999
Docket99-88
StatusPublished

This text of 991 P.2d 1242 (Beitel v. STATE EX REL. WORKERS'COMPENSATION DIV.) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Beitel v. STATE EX REL. WORKERS'COMPENSATION DIV., 991 P.2d 1242 (Wyo. 1999).

Opinion

991 P.2d 1242 (1999)

In the Matter of the Worker's Compensation Claim of:
Gary L. BEITEL, Appellant (Employee/Petitioner),
v.
The STATE of Wyoming ex rel. WYOMING WORKERS' COMPENSATION DIVISION, Appellee (Objector/Respondent).

No. 99-88.

Supreme Court of Wyoming.

December 7, 1999.

*1244 Representing Appellant: F. Gaston Gosar of Nicholas Law Office, LLC, Riverton, Wyoming.

Representing Appellee: Gay Woodhouse, Attorney General; John W. Renneisen, Deputy Attorney General; Gerald W. Laska, Senior Assistant Attorney General; and Bernard P. Haggerty, Senior Assistant Attorney General.

Before LEHMAN, C.J., and THOMAS, MACY, GOLDEN and HILL, JJ.

MACY, Justice.

Appellant Gary Beitel (the employee) applied for worker's compensation benefits, and the hearing examiner denied his claim. The employee petitioned the district court for a review of the hearing examiner's decision, and that court affirmed. The employee then perfected his appeal to the Wyoming Supreme Court.

We affirm.

ISSUES

The employee presents the following issues for our review:

1. Did the Hearing Examiner err when he found that Mr. Beitel was required to notify his employer and the Division about his back condition on the date of occurrence and not the day of diagnosis?
2. If the injury was apparent on the date of occurrence, did Mr. Beitel overcome the presumption of a late filing when his employer testified he knew of the injury and was not prejudiced by Mr. Beitel's filing for workers' compensation benefits after his doctor diagnosed a herniated disc?
3. Is the Division required to present evidence to support its claim of prejudice for a late filing after the Employee/Claimant demonstrates there are no facts to support prejudice?

FACTS

The employee was a heavy equipment operator for the Sweetwater County Road and Bridge Department in Rock Springs. He was attempting to change the steel blades on a motor grader on October 9, 1996, when he felt a pull in his back and pain in his right buttock. The employee told some of his co-employees that day about the incident, but he did not report the injury to his supervisor until October 17, 1996.

In January and February of 1997, the employee received treatment from a chiropractor for pain in his right buttock and leg. His pain worsened, and he sought treatment from a medical doctor on March 14, 1997. Medical tests revealed that the employee had a herniated disc in his back, and he underwent surgery to repair the condition.

The employee filed his injury report with the Wyoming Workers' Safety & Compensation Division (the division) on March 18, 1997. The division denied the employee's claim for worker's compensation benefits on the ground that he did not file his injury report within the statutory time period. The employee objected to the division's determination, and the division referred the case to the Office of Administrative Hearings.

A hearing examiner held a contested case hearing and subsequently ruled that the employee's injury report was untimely and that he had not overcome the presumption that his claim should be denied. The employee petitioned the district court for a review of the hearing examiner's decision, and the district court affirmed. The employee appealed to this Court.

DISCUSSION

A. Standard of Review

Wyo. Stat. Ann. § 16-3-114(c) (LEXIS 1999) governs judicial review of administrative decisions. W.R.A.P. 12.09(a); Everheart v. S & L Industrial, 957 P.2d 847, 851 (Wyo. 1998). We review an administrative agency's findings of fact by applying the *1245 substantial evidence standard. DeWall v. State ex rel. Wyoming Workers' Safety and Compensation Division, 960 P.2d 502, 503 (Wyo. 1998). Substantial evidence is relevant evidence which a reasonable mind might accept in support of the agency's conclusions. Id. In reviewing an agency's decision that a party did not meet his burden of proof, we determine whether the ruling was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law. Helm v. State ex rel. Wyoming Workers' Safety and Compensation Division, 982 P.2d 1236, 1240 (Wyo.1999); Pederson v. State ex rel. Wyoming Workers' Compensation Division, 939 P.2d 740, 742 (Wyo.1997). We review an agency's conclusions of law de novo. US WEST Communications, Inc. v. Wyoming Public Service Commission, 989 P.2d 616, 618 (Wyo.1999).

B. Timeliness of Injury Report

The employee contends that the hearing examiner erred when he found that the employee did not report his injury to the division within the statutory time period. Appellee State of Wyoming ex rel. Wyoming Workers' Compensation Division (the state) argues that the hearing examiner correctly determined that the employee's injury report was not timely. We agree with the state.

An employee's claim for worker's compensation benefits is governed by the law that was in effect when the injury occurred. Clark v. State ex rel. Wyoming Workers' Safety and Compensation Division, 968 P.2d 436, 438 (Wyo.1998). Wyo. Stat. Ann. § 27-14-502 (LEXIS 1999) delineates the deadlines for reporting work-related injuries. The legislature amended § 27-14-502 in 1996, and the amendment became effective on January 1, 1997. The employee in this case was injured on October 9, 1996; therefore, the earlier version of § 27-14-502 applied to his claim. Nissen v. Cheyenne Frontier Days, Inc., 983 P.2d 722, 725 (Wyo.1999); Clark, 968 P.2d at 438. Wyo. Stat. Ann. § 27-14-502 (Michie 1991) (amended 1996) stated in pertinent part:

(a) As soon as is practical but not later than seventy-two (72) hours after the general nature of the injury became apparent, an injured employee shall report the occurrence and general nature of the accident to the employer and within ten (10) days after the injury became apparent, file the report in the office of the clerk of court of the county in which the accident occurred. . . .
. . . .
(c) Failure of the injured employee . . . to report the accident to the employer and to file the report with the clerk of court in accordance with subsection (a) of this section is a presumption that the claim shall be denied. The presumption may be rebutted if the employee establishes by clear and convincing evidence a lack of prejudice to the employer or division in investigating the accident and in monitoring medical treatment.

Under § 27-14-502(a), an employee's duty to report a work-related injury commences when the general nature of his injury becomes apparent.

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Bluebook (online)
991 P.2d 1242, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beitel-v-state-ex-rel-workerscompensation-div-wyo-1999.