Haagensen v. STATE EX REL. WORKERS'COMP.

949 P.2d 865
CourtWyoming Supreme Court
DecidedDecember 4, 1997
Docket96-133
StatusPublished

This text of 949 P.2d 865 (Haagensen v. STATE EX REL. WORKERS'COMP.) 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
Haagensen v. STATE EX REL. WORKERS'COMP., 949 P.2d 865 (Wyo. 1997).

Opinion

949 P.2d 865 (1997)

In the Matter of the Worker's Compensation Claim of Howard O. HAAGENSEN, Appellant (Petitioner/Claimant),
v.
STATE of Wyoming, ex rel., WYOMING WORKERS' COMPENSATION DIVISION, Appellee (Respondent/Objector).

No. 96-133.

Supreme Court of Wyoming.

December 4, 1997.

*866 J. Stan Wolfe, Gillette, for Appellant.

William U. Hill, Attorney General; John W. Renneisen, Deputy Attorney General; Gerald W. Laska, Senior Assistant Attorney General; and Jennifer A. Evans, Assistant Attorney General, Cheyenne, for Appellee.

Before TAYLOR, C.J., and THOMAS, MACY, and LEHMAN, JJ., and HANSCUM, D.J.(Ret.)

TAYLOR, Chief Justice.

The sole issue presented is whether the finding of the hearing examiner that Howard O. Haagensen sustained injuries "arising out of and in the course of employment" as required by Wyo. Stat. § 27-14-102(a)(xi) (Cum.Supp.1995) is supported by substantial evidence. The finding is controverted since Mr. Haagensen fell in the parking lot of his employer, Nelson's Oil and Gas, two and one-half to three hours after ending his work shift. We agree with the district court's finding that Mr. Haagensen's injury did not occur in the course of his employment and, therefore, affirm the district court's order reversing and remanding the case to the Office of Administrative Hearings.

I. ISSUES

Appellant, Howard O. Haagensen (Haagensen), states the issues as follows:

A. Was there substantial evidence to support the Hearing Examiner's Award of Benefits to the Employee/Claimant for Workers' Compensation Benefits?
B. Did the District Court err in reversing the Hearing Examiner's determination, finding the Appellant was not injured in the course of employment, thus denying benefits in this matter?

Appellee, State ex rel. Wyoming Workers' Compensation Division (Division), states the issue as:

A. Whether the Office of Administrative Hearings Findings of Fact, Conclusions of Law And Order awarding workers' compensation benefits for an injury which occurred two and one-half to three hours after the end of the injured employee's work shift is supported by substantial evidence and in accordance with law.

II. FACTS

Haagensen was an employee of Nelson's Oil and Gas, a Conoco gas station and convenience store in Sundance, Wyoming, where he performed duties as a clerk and cook. On June 29, 1995, Haagensen's shift began at 2:00 p.m. and ended shortly after midnight when he clocked out. Haagensen usually remained on the premises of his employer after clocking out for a period of fifteen minutes to one hour to rest his legs, which often hurt following a shift, and to visit with a clerk on duty and a co-worker. On June 30, 1995, Haagensen remained on the premises for two and one-half to three hours, sitting in a booth, drinking coffee and visiting with another off-duty co-worker and the night clerk.

Between 2:30 a.m. and 3:00 a.m., Haagensen left the gas station through the rear door as he usually did. Approximately four feet from the back door, he tripped over a stack of wood left by construction workers hired by Nelson's Oil and Gas causing him to fall to the ground. As a result of the fall, Haagensen sustained a rotator cuff injury to his right shoulder for which he seeks worker's compensation benefits.

The Division denied benefits on the basis that Haagensen's injury did not occur in the scope of his employment as required by Wyo. Stat. § 27-14-102(a)(xi). Following an evidentiary hearing on Haagensen's appeal, the hearing examiner found the injury "ar[ose] out of and in the course of his employment" and awarded benefits, stating:

35. Given that the employee here did nothing out of the ordinary while resting *867 and visiting at the work place, the hazard did not change during his lengthy interlude before leaving, the visiting and drinking coffee was helpful to employee morale, the employer never objected to these late visits, and the employer had no rule or policy about leaving after shift changes, the mere extension of time from that held to be "a reasonable time" in other opinions is not enough to rebut the presumption that the employee was injured while leaving work on the employer's premises.

On the Division's appeal for judicial review, the district court found Haagensen was not in the course of his employment when the injury occurred and his claim was not compensable. Haagensen appeals from the Order Upon Petition for Judicial Review.

III. STANDARD OF REVIEW

This court's review of administrative action or inaction is confined to the record and is limited by W.R.A.P. 12.09(a) to those matters specified in Wyo. Stat. § 16-3-114(c) (1997), which provides the reviewing court shall:

(ii) Hold unlawful and set aside agency action, findings and conclusions found to be:
(A) Arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law;
* * * * * *
(E) Unsupported by substantial evidence in a case reviewed on the record of an agency hearing provided by statute.

We do not afford deference to the reviewing court's findings, but we do, however,

afford respect and deference to an administrative agency's findings of fact if they are supported by substantial evidence. 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)). "Substantial evidence" is a term of art, best described as "relevant evidence that a reasonable mind can accept as adequate to support an agency's conclusion." Casper Oil Co. v. Evenson, 888 P.2d 221, 224 (Wyo.1995). Further, we consider only that evidence favoring the party prevailing below, leaving out of consideration conflicting evidence. Wyoming Steel and Fab, Inc. v. Robles, 882 P.2d 873, 876 (Wyo. 1994) (quoting Matter of Injury to Carpenter, 736 P.2d 311, 312 (Wyo.1987)). * * * Unlike its findings of fact, however, an administrative agency's conclusions of law are afforded no special deference, and will be affirmed only if truly in accord with the law. Matter of Cordova, 882 P.2d 880, 882 (Wyo.1994). See also Wyo. Stat. § 16-3-114(c).

Coleman v. State ex rel. Wyoming Workers' Compensation Div., 915 P.2d 595, 598 (Wyo. 1996) (emphasis added).

IV. DISCUSSION

The Wyoming Workers' Compensation Act provides compensation for work-related injuries as defined in Wyo. Stat. § 27-14-102(a)(xi):

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