Huntington v. STATE EX REL. WORKERS'COMP.

2007 WY 124, 163 P.3d 839
CourtWyoming Supreme Court
DecidedAugust 3, 2007
Docket06-237
StatusPublished

This text of 2007 WY 124 (Huntington 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
Huntington v. STATE EX REL. WORKERS'COMP., 2007 WY 124, 163 P.3d 839 (Wyo. 2007).

Opinion

163 P.3d 839 (2007)
2007 WY 124

In the Matter of the Worker's Compensation Claim of Keith HUNTINGTON, Appellant (Petitioner),
v.
STATE of Wyoming, ex rel., WYOMING WORKERS' COMPENSATION DIVISION, Appellee (Respondent).

No. 06-237.

Supreme Court of Wyoming.

August 3, 2007.

*840 Representing Appellant: David M. Gosar of Jackson, Wyoming.

Representing Appellee: Patrick J. Crank, Wyoming Attorney General; John W. Renneisen, Deputy Attorney General; Steven R. Czoschke, Senior Assistant Attorney General; and Kristi M. Radosevich, Assistant Attorney General.

Before VOIGT, C.J., and GOLDEN, HILL, KITE, and BURKE, JJ.

VOIGT, Chief Justice.

[¶ 1] The appellant, Keith Huntington, appeals a district court order affirming the Office of Administrative Hearings' (OAH) denial of workers' compensation benefits. He argues that his current medical problems are a direct result of a 1999 workplace injury. We find that the OAH properly determined that the appellant failed to meet his burden of proof and, therefore, affirm.

ISSUE

[¶ 2] Did the OAH act arbitrarily and capriciously when it denied benefits for the appellant's current medical problems?

FACTS

[¶ 3] In 1985, the appellant suffered a workplace back injury as a result of some heavy lifting while employed in Nevada. The appellant again injured his back the next year and, in August 1987, his physician, Dr. Thomas Bauman, recommended that the appellant no longer engage in "labor work." The appellant underwent two spinal fusion surgeries in 1989 and 1991 as a result of his back injuries. After the second surgery, Dr. Bauman assigned the appellant a 25% whole person impairment rating and determined that he was "permanently disabled for hard rock mining, heavy labor, and the type of work that he was doing before."

[¶ 4] In May 1999, the appellant suffered another back injury while working in Wyoming when he attempted to prevent an oxygen container from tipping over in a stairwell. The Workers' Compensation Division (the Division) awarded the appellant permanent disability benefits for this injury. After this injury, Dr. Bauman noted that (1) the appellant could return to work but should not engage in any "heavy work"; (2) he had "progression of degenerative wearing out of his disks" above his previous spinal fusion; (3) he did not require a further spinal fusion *841 surgery; and (4) he could return to the workforce, subject to the "heavy work" restriction.

[¶ 5] Thereafter, in 2001, the appellant secured various jobs as an iron worker, constructing underground bunkers, and in metal fabrication. In May 2003, the appellant suffered two further, non-work-related back injuries, one when his "foot slipped" off a curb and he "felt something pop" in his back, and another when he attempted to move a rock using a shovel on ranchland he owns. After these injuries, the appellant's doctors believed that the appellant would require further fusion of his lower back.

[¶ 6] The appellant sought workers' compensation benefits for the treatment related to his May 2003 injuries and for future medical costs which, he argued, all arose from the compensable 1999 injury. The Division denied the appellant's application for benefits, reasoning that his current spinal problems were related to his 1985 injury, not "the lumbar sprain on May 26, 1999." The appellant requested a hearing on his claim, which hearing was held before the OAH on December 22, 2004. The OAH denied the appellant benefits and, on appeal to the district court, that denial was affirmed. This appeal followed.

STANDARD OF REVIEW

[¶ 7] The OAH determined that the appellant failed to meet his burden of proving that his current condition was work related or causally related to his 1999 workplace injury. Wyo. Stat. Ann. § 16-3-114(c) (LexisNexis 2007) governs our review of agency actions. Spletzer v. State ex rel. Wyo. Workers' Safety & Comp. Div., 2005 WY 90, ¶ 9, 116 P.3d 1103, 1108 (2005). Under that statute, where there is a finding that a claimant has failed to meet his or her burden of proof, our review focuses on whether the OAH acted arbitrarily or capriciously. State ex rel. Workers' Safety & Comp. Div. v. Slaymaker, 2007 WY 65, ¶ 11, 156 P.3d 977, 980-81 (Wyo.2007).

"Under the arbitrary, capricious and abuse of discretion standard, we are charged with examining the entire record. In our examination and review of a hearing examiner's determination, we defer to the hearing examiner's findings of fact. 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. The findings of fact may include determinations of witness credibility, as the hearing examiner is charged with determining the credibility of the witnesses. 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."

Id. (quoting Brees v. Gulley Enters., Inc., 6 P.3d 128, 132 (Wyo.2000)).

DISCUSSION

[¶ 8] At the outset, it is important properly to frame the issue in the instant case. This is not a direct appeal based on the appellant's initial injury. Since the appellant applied for benefits in the instant case in 2003 and the discrete workplace injury occurred on May 26, 1999, such a claim would clearly be time barred if benefits were sought for the primary injury. See Wyo. Stat. Ann. § 27-14-503 (LexisNexis 2007) (establishing a one-year statute of limitations period for claims based on injuries that are "the result of a single brief occurrence"). Instead, the appellant seeks benefits for the continued deterioration of his back, which deterioration, he argues, was caused by the 1999 injury, and not by his preexisting fusion, subsequent work activities, or the injuries in 2003.

[¶ 9] The Division submitted minimal evidence in the contested case hearing, which evidence mainly consisted of paperwork and a copy of the initial denial of benefits. In contrast, the appellant personally testified and submitted numerous reports from various doctors who had either personally examined him regarding the instant case and in the past, or doctors who had conducted a review of his medical records. The OAH found that the appellant did not demonstrate a causal connection between his 1999 workplace injury and his current medical condition in part because the physicians who believed the appellant's current injuries were *842 caused by his previous injury did not discuss the relevance of the appellant's intervening employment involving physical labor or the contribution that his May 2003 injuries had on his current condition.

[¶ 10] A claimant in a workers' compensation case must prove all elements of his or her claim for benefits by a preponderance of the evidence. Thornberg v. State ex rel. Wyo. Workers' Comp. Div., 913 P.2d 863, 866 (Wyo.1996). We have recognized that causation is "embedded in the definition of `injury[.]'" Id. Wyo. Stat. Ann. § 27-14-102(a)(xi) (LexisNexis 2007) defines "injury" as follows:

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

Related

Jim's Water Service v. Eayrs
590 P.2d 1346 (Wyoming Supreme Court, 1979)
Morgan v. Olsten Temporary Services
975 P.2d 12 (Wyoming Supreme Court, 1999)
State Ex Rel. Wyoming Workers' Compensation Division v. Taffner
821 P.2d 103 (Wyoming Supreme Court, 1991)
Sinclair Trucking v. Bailey
848 P.2d 1349 (Wyoming Supreme Court, 1993)
Brees v. Gulley Enterprises, Inc.
6 P.3d 128 (Wyoming Supreme Court, 2000)
Latimer v. Rissler & McMurry Co.
902 P.2d 706 (Wyoming Supreme Court, 1995)
Kaan v. State ex rel. Wyoming Worker's Compensation Division
689 P.2d 1387 (Wyoming Supreme Court, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
2007 WY 124, 163 P.3d 839, Counsel Stack Legal Research, https://law.counselstack.com/opinion/huntington-v-state-ex-rel-workerscomp-wyo-2007.