Carrillo v. State ex rel. Wyoming Workers' Safety & Compensation Division

987 P.2d 690, 1999 Wyo. LEXIS 149
CourtWyoming Supreme Court
DecidedSeptember 21, 1999
DocketNo. 98-219
StatusPublished
Cited by14 cases

This text of 987 P.2d 690 (Carrillo v. State ex rel. Wyoming Workers' Safety & 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
Carrillo v. State ex rel. Wyoming Workers' Safety & Compensation Division, 987 P.2d 690, 1999 Wyo. LEXIS 149 (Wyo. 1999).

Opinion

LEHMAN, Chief Justice.

A hearing examiner from the Office of Administrative Hearings denied appellant Shellie Carrillo’s claim for worker’s compensation benefits, concluding that Carrillo had failed to prove that her knee injury was work related. Carrillo filed a petition for review with the district court, and the district court affirmed the hearing examiner’s determination. Having reviewed the record, we conclude that the hearing examiner’s determination was not an abuse of discretion, and we affirm.

ISSUES

Appellant Carrillo poses the following issue:

Whether any evidence supports the denial of compensation benefits in this case.

Appellee State, ex rel. Workers’ Safety and Compensation Division (Division) presents the issue as:

Were the Hearing Examiner’s findings supported by substantial evidence?

[692]*692 FACTS

On the evening of June 12,1997, Shellie Carrillo was working as a waitress at Debi-J’s, a restaurant in Glenrock. Carrillo contends she injured her knee twice during her shift. She claims that she was exiting the kitchen through a swinging door when a coworker, Lisa Marie Cargile, stepped on her foot. In response, Carrillo alleges she jerked her foot from underneath Cargile’s and let out an exclamation. Cargile testified that she has no recollection of stepping on Carrillo’s foot or of hearing Carrillo’s comments. Carrillo also claims that same evening she banged her knee into the same swinging door as Debi Simpson, one of the owners of the restaurant, entered the kitchen. Simpson testified that she has no recollection of running into Carrillo. At the end of her shift, Carrillo allegedly placed her leg on a restaurant chair and massaged her right knee. Neither Cargile nor Simpson saw her with her knee on the chair.

A few days later, Carrillo mentioned the incident to her supervisor. The supervisor relayed the information to the restaurant owners; and, on June 18, the owners met with Carrillo and filled out a worker’s compensation injury report. The Division received the report on June 24, 1997. Carrillo’s last day of work was June 25.

Carrillo self-treated the injury until she saw a physician’s assistant a few days after the incident. On July 10,1997, she visited an orthopedic surgeon (physician) who ultimately determined that Carrillo had sprained her right knee. The physician saw her once more in July and again in August. He noted improvement in August, but also expressed concerns about torn cartilage associated with the knee ligament sprain. Carrillo saw the physician again on October 16,1997. During that visit, the physician found Carrillo’s knee tender and puffy and recommended surgery. As of December 1, 1997, surgery had not been performed. Carrillo has, however, participated in physical therapy.

The Division denied Carrillo’s application for benefits, and Carrillo objected to that determination. On review, a hearing examiner from the OAH also denied Carrillo’s claim for benefits finding that Carrillo failed to prove she suffered a compensable injury on June 12, 1997. The hearing examiner based his conclusion on several determinations which centered around Carrillo’s credibility. The hearing examiner found Cargile’s testimony more credible than Carrillo’s. This decision was influenced by the fact that Cargile no longer worked or associated with the Simpsons. Also, the hearing examiner attached little significance to Carrillo’s physician’s opinion which placed the cause of Carrillo’s injury on the alleged work incident. In dismissing the physician’s opinion, the hearing examiner noted that the physician based his opinion entirely on Carrillo’s version of the events of the evening of June 12, 1997.

Carrillo filed a petition for review with the district court, and that court affirmed the hearing examiner’s decision. This timely appeal followed.

STANDARD OF REVIEW

When reviewing a hearing examiner’s determination, we accord no special deference to the district court’s decision. Instead, we review the action as if it had proceeded directly from the hearing examiner to us. B-F Drilling, Inc. v. State, ex rel. Workers' Safety & Compensation Div., 942 P.2d 392, 395 (Wyo.1997); Wyoming Steel & Fab, Inc. v. Robles, 882 P.2d 873, 875 (Wyo.1994). A claimant requesting worker’s compensation benefits has the burden of proving all essential elements of a claim by a preponderance of the evidence. Pederson v. State, ex rel. Workers' Compensation Div., 939 P.2d 740, 742 (Wyo.1997); Goddard v. Colonel Bozeman’s Restaurant, 914 P.2d 1233, 1236 (Wyo.1996). To prove by a preponderance of the evidence, the claimant must bring forth “proof which leads the trier of fact to find that the existence of the contested fact is more probable than its non-existence.” Thornberg v. State, ex rel. Workers’ Compensation Div. 913 P.2d 863, 866 (Wyo.1996) (quoting Scherling v. Kilgore, 599 P.2d 1352, 1359 (Wyo.1979)).

When a hearing examiner concludes that a claimant has failed to meet his or her burden of proof, that conclusion is [693]*693reversed only if it is found to be arbitrary, capricious, an abuse of discretion or not in accordance with law. Pederson, 939 P.2d at 742; City of Casper v. Utech, 895 P.2d 449, 452 (Wyo.1995); Bohren v. State, ex rel. Workers’ Compensation Div., 883 P.2d 355, 357-58 (Wyo.1994). Under the arbitrary, capricious and abuse of discretion standard, we are charged with examining the entire record. Wyo. Stat. Ann. § 16-3-114(c) (Lexis 1999); Utech, 895 P.2d at 452. In our examination and review of a hearing examiner’s determination, we defer to the hearing examiner’s findings of fact. Pederson, 939 P.2d at 742; Robles, 882 P.2d at 875. We will examine conflicting and contradictory evidence to see if the hearing examiner reasonably could have made its findings based on all the evidence before it. Pederson, 939 P.2d at 742, and cases therein cited. The findings of fact may include determinations of witness credibility, as the hearing examiner is charged with determining the credibility of the witnesses. Pederson, 939 P.2d at 742; Utech, 895 P.2d at 451, and cases therein cited. In our review, we will not overturn the hearing examiner’s determinations regarding witness credibility unless they are clearly contrary to the overwhelming weight of the evidence. Nellis v. Dep’t of Transp., 932 P.2d 741, 743 (Wyo.1997); Pederson, 939 P.2d at 742; Robles, 882 P.2d at 875.

DISCUSSION

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Carrillo v. STATE EX REL. WYO. WKRS'SAFETY
987 P.2d 690 (Wyoming Supreme Court, 1999)

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987 P.2d 690, 1999 Wyo. LEXIS 149, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carrillo-v-state-ex-rel-wyoming-workers-safety-compensation-division-wyo-1999.