Hepp v. State ex rel. Wyoming Workers' Compensation Division

881 P.2d 1076, 1994 Wyo. LEXIS 104
CourtWyoming Supreme Court
DecidedSeptember 23, 1994
DocketNo. 94-20
StatusPublished
Cited by41 cases

This text of 881 P.2d 1076 (Hepp v. State ex rel. Wyoming 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
Hepp v. State ex rel. Wyoming Workers' Compensation Division, 881 P.2d 1076, 1994 Wyo. LEXIS 104 (Wyo. 1994).

Opinion

MACY, Justice.

Appellant Letty K. Hepp sought review in the district court of the hearing examiner’s order which denied her request for worker’s compensation benefits. The district court certified the case to the Supreme Court for review.

We affirm.

Issues

Hepp presents the following issues:

I. Is the Findings of Fact, Conclusions of Law and Order of the administrative law judge denying the award of benefits arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law?
II. Is the Findings of Fact, Conclusions of Law and Order of the administrative law judge denying the award of benefits unsupported by substantial evidence and contrary to the weight of the evidence?

[1077]*1077Facts

Hepp was employed as a cook for Appellee Bazel’s Diner in Sheridan, Wyoming. On April 29,1993, Hepp reported to her supervisor that she had injured her back when, as part of her work duties, she lifted a rubber floor mat. Although she continued to experience pain, she completed her work shift at the restaurant.

After Hepp had left work, a friend took her to the emergency room at a local hospital. The emergency room physician examined her and concluded that she had suffered a severe muscle strain with some possible nerve involvement.

The next day, Hepp filed her report of injury and requested worker’s compensation benefits. She indicated in her report that, while she was at work, she had injured her neck, left arm, and lower back. On May 5, 1993, Bazel’s Diner filed its report in which it asserted that Hepp’s injury had not occurred while she was at work.

The Workers’ Compensation Division denied Hepp’s application for worker’s compensation benefits, stating: “The Division has received an objection to your case from your employer. It has come to our attention that you actually injured yourself prior to April 29,1993 lifting bales of hay.” Hepp objected to the Workers’ Compensation Division’s determination and requested that a contested case hearing be held so that a determination could be made as to whether she was entitled to receive benefits.

A contested ease hearing was held in September 1993. Hepp presented several witnesses who testified that, to their knowledge, Hepp had not been injured before the April 29, 1993, incident which occurred while she was at work. The Workers’ Compensation Division called S. Kit Carson, D.C., a chiropractor, as a witness, and he testified that he had treated Hepp five times between April 13, 1993, and April 29, 1993, for discomfort in her neck, left shoulder, and arms.

The hearing examiner issued his decision letter on November 8, 1993, in which he ruled that Hepp was not entitled to receive worker’s compensation benefits. He found that some of Hepp’s witnesses were not credible and that those who were credible generally did not testify about matters of substance. Subsequently, an order entitled “Findings of Fact, Conclusions of Law and Order,” which incorporated the rulings made in the decision letter, was entered.

Hepp filed her petition for review of the hearing examiner’s decision with the district court, and the district court certified the case to us pursuant to W.R.A.P. 12.09(b).

Hepp contends that two issues exist on appeal. However, we are convinced that, after having reviewed her arguments, only one issue exists: Whether substantial evidence supported the hearing examiner’s conclusion that Hepp did not meet her burden of proving that her injury occurred during the course of her employment.

Standard of Review

When we are reviewing cases which have been certified to us pursuant to W.R.A.P. 12.09(b), we apply the appellate standards which are applicable to the reviewing court of the first instance. Pinther v. State Department of Administration and Information, 866 P.2d 1300, 1302 (Wyo.1994). Whether, an employee’s injury occurred in the course of her employment is a question of fact. See Dougherty v. J.W. Williams, Inc., 820 P.2d 553 (Wyo.1991). We review factual issues by applying the substantial evidence standard. Wyo.Stat. § 16-3-114(c)(ii)(E) (1990).

“Our task is to examine the entire record to determine if substantial evidence exists to support the hearing examiner’s findings. We will not substitute our judgment for that of the hearing examiner if his decision is supported by substantial evidence. Substantial evidence is relevant evidence which a reasonable mind might accept in support of the agency’s conclusions.” Romero v. Davy McKee Corporation, 854 P.2d 59, 61 (Wyo.1993) (citing Forman v. State ex rel. Wyoming Workers’ Compensation Division, 841 P.2d 99, 102 (Wyo.1992)).

Bearden v. State ex rel. Wyoming Workers’ Compensation Division, 868 P.2d 268, 269 (Wyo.1994), quoted in Gilstrap v. State ex [1078]*1078rel. Wyoming Workers’ Compensation Division, 875 P.2d 1272, 1273 (Wyo.1994). “The claimant has the burden of proving each essential element of her claim by a preponderance of the evidence.” 875 P.2d at 1273 (citing Leonard v. McDonalds of Jackson Hole, 746 P.2d 1261,1263 (Wyo.1987)). “The party who appeals from an administrative determination has the burden of proving the lack of substantial evidence to sustain the ruling of the agency.” Jaqua v. State ex rel. Wyoming Workers’ Compensation Division, 873 P.2d 1219, 1221 (Wyo.1994).

Discussion

The hearing examiner found in pertinent part as follows:

FINDINGS OF FACT

I. That the testimony of [Hepp’s] witnesses Prado, Winterholler, Shaffer, Ku-zara and Kawulok was not credible and [was] unsubstantial and, in any event, did not offer much, if anything, to the substance of the issues in the case,....
II. Most significantly, in April of 1993, she first saw Dr. Carson on April 13, 1993. His notes from that visit indicate that on March 26, 1993 [Hepp] “lifted a heavy laundry basket at home — the left shoulder hurt. Now both arms go to sleep. Hot pain down the left arm.”
12. On her next visit to Dr. Carson on April 16, 1993, he notes “3:00 A.M. this morning left arm started hurting again.”
13. Although Dr. Carson made no diagnostic observations when [Hepp] next visited him on April 19,1993, her visit on April 23 prompted the following note from Dr. Carson:
“Still numb in left hand — arm feels better.”
14. Most significantly, on April 29, 1993, the Claimant visited Dr. Carson’s office at 8:45 A.M. His notes for that date indicate:

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Bd. of Cnty. Comm'rs of Johnson Cnty.
432 P.3d 920 (Wyoming Supreme Court, 2019)
BP America Production Co. v. Department of Revenue
2006 WY 27 (Wyoming Supreme Court, 2006)
Brees v. Gulley Enterprises, Inc.
6 P.3d 128 (Wyoming Supreme Court, 2000)
Sherwin-Williams Co. v. Borchert
994 P.2d 959 (Wyoming Supreme Court, 2000)
Morgan v. Olsten Temporary Services
975 P.2d 12 (Wyoming Supreme Court, 1999)
E.H. Oftedal & Sons, Inc. v. Thompson
966 P.2d 977 (Wyoming Supreme Court, 1998)
Matter of Thompson
966 P.2d 977 (Wyoming Supreme Court, 1998)
Everheart v. S & L Industrial
957 P.2d 847 (Wyoming Supreme Court, 1998)
BF DRILLING v. State
942 P.2d 392 (Wyoming Supreme Court, 1997)
STATE EX REL. DIV. v. Roggenbuck
938 P.2d 851 (Wyoming Supreme Court, 1997)
State ex rel. Wyoming Workers' Compensation Division v. Jacobs
924 P.2d 982 (Wyoming Supreme Court, 1996)
Worker's Compensation Claim of Jacobs
924 P.2d 982 (Wyoming Supreme Court, 1996)
JM v. Department of Family Services
922 P.2d 219 (Wyoming Supreme Court, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
881 P.2d 1076, 1994 Wyo. LEXIS 104, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hepp-v-state-ex-rel-wyoming-workers-compensation-division-wyo-1994.