Boyce v. State ex rel. Department of Workforce Services, Workers' Compensation Division

2017 WY 99, 402 P.3d 393, 2017 WL 3765432, 2017 Wyo. LEXIS 104
CourtWyoming Supreme Court
DecidedAugust 31, 2017
DocketS-16-0278
StatusPublished
Cited by8 cases

This text of 2017 WY 99 (Boyce v. State ex rel. Department of Workforce Services, Workers' Compensation Division) 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
Boyce v. State ex rel. Department of Workforce Services, Workers' Compensation Division, 2017 WY 99, 402 P.3d 393, 2017 WL 3765432, 2017 Wyo. LEXIS 104 (Wyo. 2017).

Opinion

HILL, Justice.

[¶1] James Boyce suffered an inguinal hernia while working and received workers’ compensation benefits to cover that injury. The Wyoming Workers’ Compensation Division (Division) denied benefits, however, for subsequently discovered conditions in Mr. Boyce’s lumbar spine. The Medical Commission upheld the Division’s denial of benefits, and Mr. Boyce appealed. The district court affirmed the Medical Commission’s decision, and we likewise affirm.

ISSUE

[¶2] Mr. Boyce states his- single issue on appeal as follows:

ISSUE ONE: Whether the Medical Commission provided a sufficient explanation as to why it ruled the way it did.

FACTS

[¶3] In May 2013, Mr. Boyce was working for Halliburton Energy Services as a “frac hand,” which meant he was tasked with delivering equipment and materials to well sites, and setting up and taking down the well equipment. On May 11th, Mr. Boyce was assigned to transport equipment and material from Rock Springs, Wyoming to a well site in Nebraska. Because his delivery included hazardous materials, he was required to have a placard on the back of the eighteen-wheeler warning of the hazardous materials on board. The placard was in place when Mr. Boyce left the Halliburton, yard in Rock Springs, but when he stopped at a truck stop a short distance from the yard, he discovered it had fallen off.

[¶4] Mr. Boyce reported the situation to his supervisor, who then met Mr. Boyce at the truck stop and took him to search for the placard. When they located the placard, they pulled over, and the two of them lifted the placard to place it in the back of the supervisor’s three-quarter-ton truck. The placard weighed about a hundred pounds and was mounted in an 8.6-foot metal frame. Mr. Boyce and the supervisor were standing on the passenger side of the truck bed, with Mr. Boyce closest to the cab. Each lifted a side of the placard, and because the track had racks and a diesel tank on the bed closest to the cab, where- Mr. Boyce was lifting, he had to stand on his toes to lift it .high enough to place it in the truck. When Mr. Boyce did that, he felt a sharp shooting pain down the right side of his groin.

[¶5] Mr. Boyce and his supervisor eventually got the placard into the back of the track, and once the placard was securely fastened to the back of Mr. Boyce’s rig, he continued his trip to Nebraska. After. Mr. Boyce,completed his.Nebraska trip, he returned to. his home in Idaho, and on Monday [396]*396May 13, 2013, he saw his primary care physician, Dr. Bailey. Dr. Bailey suspected Mr. Boyce had a hernia and referred him to a surgeon for further evaluation.

[¶6] On May 17, 2013, Halliburton submitted a report of injury to the Division, which stated, “Employee was lifting a placard rack back onto a track and strained groin.” On May 24, 2013, the Division issued a Final Determination of Compensability, which stated:

The Workers’ Compensation Division has reviewed your injury report and related documents for the injury of May 11, 2013 and has determined it is compensable and has opened your claim. The body part(s) to be covered are: Right Groin

[¶7] Mr. Boyce was ultimately diagnosed with a right inguinal hernia and referred to Dr, Gregg Marshall for surgery. Due to intervening medical issues, Mr. Boyce’s hernia surgery was delayed until June 17, 2013. Nine days after surgery, on June 26, 2013, Mr. Boyce saw Dr. Marshall for a post surgery follow-up and reported substantial pain that he was able to control with medication. Mr. Boyce did not report low back pain during that visit. Dr. Marshall’s June 26th post surgery plan was for Mr. Boyce to resume regular activity three weeks after his surgery and to return to work July 22, 2013.

[¶8] On July 9, 2013, Mr. Boyce spoke with a Division claims analyst and informed her that he had been released to return to work on July 22nd, but he “has been having a lot of pain in [his] siatic nerve.” On July 11, 2013, Mr. Boyce again saw Dr. Marshall. During that appointment, he complained of “pain in his right gluteus maximus. A pelvic sharp stabbing pain down the hip joint.” Dr. Marshall assessed Mr. Boyce:

69-year-old male status post right inguinal hernia repair. From the hernia standpoint he is doing very well. He has some muscu-loskeletal pain in his right hip joint and into his gluteus maximus. I think that this is related to him walking with poor posture prior to his hernia repair.

[¶9] Dr. Marshall referred Mr. Boyce to physical therapy and then saw him again on July 18, 2013. By then Mr. Boyce had undergone two physical therapy treatments “with a small amount of improvement.” Dr. Marshall’s assessment of Mr. Boyce on that date was “musculoskeletal pain in his right hip joint and into his gluteus maximus,” and he recommended continued physical therapy. Mr. Boyce saw Dr. Marshall again on August 1, 2013, and Dr. Marshall noted that Mr. Boyce “continues to have persistent pain radiating from his back and down into his gluteus maximus,” and “occasional pain down into his thigh.” He further noted:

[Mr. Boyce] is undergoing [a] modest course of physical therapy to see if his symptoms improve. They have not. I’m concerned about possible disc herniation or lung nerve entrapment. I will obtain an MRI and [have] referred him to a neurosurgeon for further evaluation.

[¶10] On August 20, 2013, Mr. Boyce saw Dr. Gregory Harrison, a neurosurgeon. Dr. Harrison noted, in part:

* * * Since hernia surgery, the patient reports the right-sided groin pain has improved though is not gone. The right-sided hip/buttock pain has persisted. The pain does not radiate into the thigh or calf nor does he have any paresthesias. * * *

[¶11] Dr. Harrison reviewed an August 8, 2013 MRI of Mr. Boyce’s spine, which showed:

■1. Levoscoliosis with rotary component and leftward spondylolisthesis of L4.
2. Multilevel discogenic disease most pronounced at the L3-4 and L4-6 levels and to a lesser degree at L5-S1.
3. Mild canal stenosis at L3-4 and L4-6.
4. Diffuse posterior disc bulge with focal extrusion right paracentrally to posterola-terally of the L6-S1 disc extending into the lateral canal.
6. Multilevel neuroforaminal narrowing as described.
6. Bilateral synovial cysts posteroláterlly off the 4-6 facets which do no[t] encroach into the canal.

[¶12] Dr. Harrison diagnosed Mr. Boyce with “a right SI radiculopathy due to the small but significant disc herniation on the right at L5-S1. He certainly has degenerative changes at L3-4 and L4-5, as noted on the [397]*397report.” Dr. Harrison recommended steroid injections, noting “a fair chance that he may resolve this disc herniation on his own and without surgery.”

[¶13] On October 1, 2013, after two epidural steroid injections, Mr. Boyce again saw Dr. Harrison. Dr. Harrison noted the injections “modestly helped with [Mr. Boyce’s] global pain.” He concluded:

* * * He is struggling with his right SI radiculopathy and a bit of back pain. He has tried a number of conservative/nonsurgical measures and he is doing poorly overall regarding pain control.

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2017 WY 99, 402 P.3d 393, 2017 WL 3765432, 2017 Wyo. LEXIS 104, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boyce-v-state-ex-rel-department-of-workforce-services-workers-wyo-2017.