E.H. Oftedal & Sons, Inc. v. Thompson

966 P.2d 977, 1998 Wyo. LEXIS 156
CourtWyoming Supreme Court
DecidedNovember 6, 1998
DocketNo. 97-231
StatusPublished
Cited by3 cases

This text of 966 P.2d 977 (E.H. Oftedal & Sons, Inc. v. Thompson) 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
E.H. Oftedal & Sons, Inc. v. Thompson, 966 P.2d 977, 1998 Wyo. LEXIS 156 (Wyo. 1998).

Opinion

TAYLOR, Justice, Retired.

Appellee received worker’s compensation benefits for injuries she allegedly received when she was jarred while operating heavy equipment. Two years later, the employer moved to reopen the case due to mistake pursuant to Wyo. Stat. § 27-14-605(a) (1997). On appeal, the employer challenges the hearing examiner’s determination that, although there was a mistake, it required only a partial rescission of the benefits paid to appellee. Finding sufficient support in the record for the hearing examiner’s conclusions, we affirm.

I.ISSUES

Appellant, E.H. Oftedal & Sons, Inc. (employer), presents the following issues for review:

1. Was substantial evidence presented at hearing for the hearing officer to reasonably conclude that Appellee’s pre-exist-ing degenerative disc disease in her low back was significantly aggravated by the alleged work incident of October 1, 1992, and, if so, were the five subsequent low back surgeries necessitated by the work related incident? Did the Appellee present substantial medical testimony to causally connect the work related injury to the five subsequent low back surgeries?
2. Based upon the medical testimony presented at hearing and the findings of fact concerning Appellee’s physical activities after October 1, 1992, could the hearing officer reasonably conclude that the incident on October 1, 1992 was causally related to the subsequent back surgeries?
3. Are the hearing officer’s ultimate findings of fact arbitrary or contrary to the facts presented at hearing and contrary to the factual findings in the decision letter?

Appellee, Barbara A..Thompson (Thompson), responds with one issue:

Are the overall findings of fact in the hearing examiner’s decision on March 5, 1996 supported by substantial evidence and do the legal conclusions, contained in the hearing examiner’s conclusions of law contain any errors of law warranting a reversal?

II.FACTS

After working as a flagger for S & L Industries on a road construction project for several months, Thompson accepted the employer’s offer of a job as a heavy equipment trainee. Thompson’s new employment involved the operation of a “sheepsfoot roller” on the Chief Joseph Highway project in Park County, Wyoming. On October 1, 1992, Thompson was backing up when the machine caught on a large rock and dropped to the ground, throwing Thompson out and back into her seat, jarring her back and her neck. She immediately felt pain in her shoulder and believed she had injured her ribs. Shortly thereafter, Thompson told the lead man on her crew that she had been injured, but completed the last two hours of her work day.

At the end of the day, Thompson’s supervisor advised her to go to the emergency room to be examined. The emergency room physician, Dr. John R. Tarr, diagnosed a shoulder strain for which he prescribed pain medication and a sling. Thompson was sent home [979]*979to rest and was told to return several days later to be re-examined. When she returned, she was seen by Dr. Christopher Smith, who referred Thompson to Dr. Stephen F. Emery, an orthopedic surgeon.

Dr. Emery performed his initial examination of Thompson on October 15, 1992. During her first visit, Dr. Emery diagnosed a muscular problem in the region from Thompson’s neck to her mid-back, prescribing physical therapy and anti-inflammatory medications. At her next visit on October 30th, Dr. Emery evaluated Thompson’s lower back condition, and expanded his diagnosis to include mechanical low back pain and bursitis of the hip. On November 30, 1992, Dr. Emery treated Thompson for severe headaches, which he believed to be connected to her shoulder and neck problem, and ordered an MRI of her back for diagnostic purposes. On January 20, 1993, Dr. Emery met with Thompson to discuss the results, which revealed a degenerative process at her L-4 and L-5 disk level.

Over the following two years, Dr. Emery administered numerous injections and performed five surgeries in an unsuccessful effort to alleviate Thompson’s chronic pain in her left shoulder, neck, back and hip, as well as chronic headaches. Her maladies also generated treatment for depression, anorexia, and chronic pain management.

The initial incident was timely reported to the Workers’ Compensation Division (the Division), and Thompson was awarded benefits on October 13, 1992. No objection was lodged until over two years later. On November 18, 1994, the Division sent a letter notifying Thompson of its objection to benefits paid for anorexia and headaches, and on December 20, 1994, Thompson received notice of the employer’s objection. In March 1995, the Division and Thompson filed a stipulation which settled the case between Thompson and the State of Wyoming.

After several continuances due to discovery matters, a hearing addressing the employer’s objection was conducted on December 6 and 7,1995. In addition to two days of testimony before the hearing examiner, no less than fifteen depositions were submitted for consideration. The hearing examiner found that because Thompson inaccurately reported her medical history, the Division had mistakenly awarded Thompson benefits for all her medical expenses pertaining to an alleged heart condition and occipital headaches. The hearing examiner also found, however, that Thompson had sufficiently established that her remaining medical problems were caused by the incident on October 1,1992. The employer appealed the hearing examiner’s decision, and after the district court affirmed, this timely appeal followed.

III. STANDARD OF REVIEW

Our well-known standard of review was recently reiterated in B-F Drilling, Inc. v. State ex rel. Wyoming Workers’ Safety and Compensation Div., 942 P.2d 392, 395 (Wyo.1997):

When reviewing an agency action, we accord no special deference to the district court’s decision, instead reviewing the action as if it proceeded directly to us from the agency. Wyoming Steel & Fab, Inc. v. Robles, 882 P.2d 873, 875 (Wyo.1994). Our review of the factual determinations of an agency is conducted under the substantial evidence standard. Id. at 876. Substantial evidence is relevant evidence which a reasonable mind might accept in support of an agency’s conclusion so long as it is more than a mere scintilla of evidence. Cronk v. City of Cody, 897 P.2d 476, 478 (Wyo.1995). If evidence in the record provides a rational basis for the findings of fact made by the agency, we will affirm those findings. Aanenson v. State ex rel. Wyoming Workers’ Compensation Div., 842 P.2d 1077, 1079 (Wyo.1992) (quoting State ex rel. Wyoming Workers’ Compensation Div. v. White, 837 P.2d 1095, 1098 (Wyo.1992)). Our standard of review differs, however, when reviewing a conclusion of law.

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Related

Sherwin-Williams Co. v. Borchert
994 P.2d 959 (Wyoming Supreme Court, 2000)
Matter of Thompson
966 P.2d 977 (Wyoming Supreme Court, 1998)

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Bluebook (online)
966 P.2d 977, 1998 Wyo. LEXIS 156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eh-oftedal-sons-inc-v-thompson-wyo-1998.