Frontier Refining, Inc. v. Payne

2001 WY 49, 23 P.3d 38, 2001 Wyo. LEXIS 58, 2001 WL 522325
CourtWyoming Supreme Court
DecidedMay 17, 2001
Docket00-227
StatusPublished
Cited by6 cases

This text of 2001 WY 49 (Frontier Refining, Inc. v. Payne) 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
Frontier Refining, Inc. v. Payne, 2001 WY 49, 23 P.3d 38, 2001 Wyo. LEXIS 58, 2001 WL 522325 (Wyo. 2001).

Opinion

GOLDEN, Justice.

[¶1] Appellant Frontier Refinery, Inc. (Frontier) challenges a hearing examiner's award of worker compensation benefits to its employee, Virgil L. Payne (Payne), claiming that the evidence did not satisfy the proper burden of proof. We affirm the order granting benefits.

ISSUES

[T2] Frontier presents these issues for our review:

1. Is the Office's decision that appellee's injury is compensable in accordance with Wyoming law governing pre-existing conditions.
2. Is there substantial evidence in the record to support the Office's finding that appellee met the burden of proof required for pre-existing conditions?

Appellee Payne believes that the sole issue is:

Whether substantial evidence supported the hearing examiner's decision that Mr. Payne's work caused him to suffer a material aggravation of his carpal tunnel syndrome that led to surgery and temporary total disability.

FACTS

[¶3] The parties agree that Payne suffers from carpal tunnel syndrome (CTS) in his right wrist and that this condition arose over a long period of time. Payne was diagnosed with this condition on November 24, 1995, by Reed Shafer, M.D., a Cheyenne neurologist. Payne reported the diagnosis as a work-related injury to his employer, Frontier, and, after surgery, applied for temporary total disability. The Division granted benefits; however, Frontier objected and, after a hearing, benefits were denied for failure to timely file an injury report. This Court reversed that denial and remanded for a hearing. Payne v. Frontier Refining, Inc., 993 P.2d 313 (Wyo.1999).

[T4] At the hearing, Payne presented evidence pursuant to Wyo.Stat.Ann. § 27-14-603(a) (Lexis 1999) that his CTS was a com-pensable injury occurring over a substantial period of time. Alternatively, he claimed that if his CTS was not caused by his employment, it was compensable because his work aggravates the pre-existing condition. Payne presented expert testimony from his surgeon and an orthopedic specialist. Frontier provided expert testimony by an osteopathic physician, who specializes in the area of occupational medicine. The hearing examiner determined that Payne's CTS is not work-related and is a pre-existing condition that his work aggravated, accelerated, or combined with his CTS to produce a compen-sable injury. Benefits were granted to cover surgery, medical treatment, and temporary total disability, Frontier appealed, and the district court certified the case to this Court pursuant to W.R.A.P. 12.09.

STANDARD OF REVIEW

[¶5] Judicial review of ageney action is governed by Wyo.Stat.Ann. § 16-3-114(c) (Lexis 1999):

(c) To the extent necessary to make a decision and when presented, the reviewing court shall decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of an agency action. In making the following determinations, the court shall review the whole record or those parts of it cited by a party and due account shall be taken of the rule *40 of prejudicial error. The reviewing court shall:
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(ii) Hold unlawful and set aside agency action, findings and conclusions found to be:
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(E) Unsupported by substantial evidence....

See also W.R.A.P. 12.09(a).

[16] When reviewing an agency's findings of fact, this Court applies the substantial evidence standard. Wyo.Stat.Ann. § 16-3-114(c)(i)(E) (Lexis 1999).

We review an administrative agency's findings of fact by applying the substantial evidence standard. Our task is to examine the entire record to determine whether substantial evidence supported the hearing examiner's findings. We will not substitute our judgment for that of the hearing examiner when substantial evidence supports his decision. Substantial evidence is relevant evidence which a reasonable mind might accept in support of the agency's conclusions.

Leavitt v. State ex rel. Wyo. Workers' Safety and Comp. Div., 980 P.2d 332, 334 (Wyo.1999) (quoting DeWall v. Wyo. Workers' Safety and Comp. Div., 960 P.2d 502, 503 (Wyo.1998)). Accordingly, "we examine only the evidence which favors the prevailing party, allowing every favorable inference, while omitting consideration of any conflicting evidence." Wyoming Steel & Fab, Inc. v. Robles, 882 P.2d 873, 876 (Wyo.1994) (citing Matter of Injury to Carpenter, 736 P.2d 311, 312 (Wyo.1987)).

DISCUSSION

[%7] Frontier challenges the hearing examiner's conclusion that Payne's CTS was a pre-existing condition that his work aggravated, accelerated, or combined with his CTS to produce a compensable injury.

(xi) "Injury" means any harmful change in the human organism other than normal aging and includes damage to or loss of any artificial replacement and death, arising out of and in the course of employment while at work in or about the premises occupied, used or controlled by the employer and incurred while at work in places where the employer's business requires an employee's presence and which subjects the employee to extrahazardous duties incident to the business. "Injury" does not include:
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(F) Any injury or condition preexisting at the time of employment with the employer against whom a claim is made{.]

Wyo.Stat.Ann. § 27-14-102(@)(x)(F) (Lexis 1999).

[T8] A preexisting condition may present a compensable claim "if the employment aggravated, accelerated, or combined with the disease or infirmity to produce the * * * disability for which compensation is sought." Haynes v. State ex rel. Wyo. Workers' Comp. Div., 962 P.2d 876, 878 (Wyo.1998). The claimant seeking damages for aggravation of a preexisting injury must prove that the "work effort contributed to a material degree to the precipitation, aggravation or acceleration of the existing condition of the employee." Id.; Lindbloom v. Teton Inter., 684 P.2d 1388, 1389-90 (Wyo.1984).

[¶9] Frontier contends that we recently decided that a claimant must prove three additional elements to demonstrate material aggravation and Payne failed to meet this burden. This assertion relies upon Frazier v. State ex rel. Wyo. Workers' Safety and Comp. Div., 997 P.2d 487 (Wyo.2000).

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Bluebook (online)
2001 WY 49, 23 P.3d 38, 2001 Wyo. LEXIS 58, 2001 WL 522325, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frontier-refining-inc-v-payne-wyo-2001.