Krause v. State Ex Rel. Wyoming Workers' Compensation Division

803 P.2d 81, 1990 Wyo. LEXIS 153, 1990 WL 199798
CourtWyoming Supreme Court
DecidedDecember 13, 1990
Docket90-91
StatusPublished
Cited by31 cases

This text of 803 P.2d 81 (Krause 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
Krause v. State Ex Rel. Wyoming Workers' Compensation Division, 803 P.2d 81, 1990 Wyo. LEXIS 153, 1990 WL 199798 (Wyo. 1990).

Opinions

[82]*82BROWN, Justice, Retired.

Appellant Michael J. Krause sustained an injury in September 1979 and received workers’ compensation benefits until March 7, 1980. In February 1989, he filed a claim for benefits with respect to the 1979 injury. His claim was denied and he appealed. According to appellant, the single issue on appeal is:

In determining questions of medical causation, may the uncontroverted testimony of the medical experts be disregarded by an administrative hearing officer?

Appellee Workers’ Compensation Division states the issue to be:

Is there substantial evidence to support the Administrative Hearing Officer’s Order denying Workers’ Compensation Benefits to Michael Krause.
We affirm.

On September 17, 1979, appellant injured his hand in an accident while working in an underground mine for United Nuclear Company. Following treatment of his hand, workers’ compensation benefits were paid through March 7, 1980. No further claims for benefits were made until February 1989.

In 1982, appellant left the employment of United Nuclear and has since worked at a variety of jobs. While working in Arizona in 1987, he experienced problems with his right hand and wrist after using a hammer drill. These problems eventually became severe enough that he sought assistance through the Arizona Department of Vocational Rehabilitation and was referred to Dr. John W. Madden, a board-certified specialist in hand surgery. Dr. Madden diagnosed appellant’s condition as an unstable scaphotrapezial trapezoidal joint in his wrist. Appellant subsequently filed a claim for benefits under the Workers’ Compensation Act in February 1989. The claim was denied.

A contested-case hearing was held before an administrative hearing officer at which appellant testified by telephone and the deposition of Dr. Madden was introduced. In his deposition, Dr. Madden testified “that the probabilities” were that the trouble Mr. Krause was now having was a direct result of the injury he suffered in September 1979. Dr. Madden further testified that he had not been informed by appellant of any traumatic injuries suffered to his hand and wrist in the interim.

Appellant testified at the hearing that after leaving United Nuclear in 1982 he worked at a variety of jobs. He stated that he had used several different hand tools in this occupation, and it was during this time that he developed problems with his hand and wrist. He testified that, among other things, his hand started to ache for the first time in 1987 after he operated a hammer drill. The hearing officer denied the requested benefits, holding that appellant failed to prove compensability.

Appellant filed a petition for judicial review in the district court. On March 5, 1990, the district court issued a decision letter affirming the findings of the hearing officer. Appellant filed notice of appeal on March 23, 1990.

Appellant’s theory is that in a single accident more than one compensable injury occurred. Specifically, he contends that in the September 1979 accident he sustained two broken bones in his right hand for which he received benefits. He also claims that in the same accident he suffered a separate and additional injury to the ligaments holding the joint in place which did not manifest itself for several years. He explains that, with continued use over several years, the bones of the joint became unstable resulting in the problems with his wrist for which he seeks compensation.

This court recently reaffirmed the concept that a single accident may give rise to more than one compensable injury. Pacific Power & Light Company v. Rupe, 741 P.2d 609 (Wyo.1987) and State ex rel. Wyoming Worker’s Compensation Division v. Malkowski, 741 P.2d 604 (Wyo.1987), citing In the Matter of Barnes, 587 P.2d 214 (1978) and Baldwin v. Scullion, 50 Wyo. 508, 62 P.2d 531 (Wyo.1936) as primary authority.

Appellant has the burden of proving that the February 1989 problem with his hand [83]*83was the result of the September 1979 accident. Appellant’s principal witness with respect to the connection between the 1979 accident and the injury for which a claim was made in 1989 was Dr. John W. Madden. Reduced to its simplest terms, if the hearing officer properly rejected Dr. Madden’s testimony, appellant did not sustain his burden to prove the causal connection between the 1979 accident and the claim in 1989. On the other hand, if the hearing officer improperly rejected the testimony of Dr. Madden, the causal connection may have been adequately proven.

Where the testimony of a disinterested witness is not directly contradicted but there are circumstances which controvert the testimony or explain it away, or if such testimony is clouded with uncertainty and improbability, or otherwise appears to be unreliable or unworthy of belief, the trier of fact is not bound to accept it. Justice does not require a court or jury to accept as an absolute verity any statement of a witness merely because it is not directly or specifically contradicted by other testimony, and there are many things which may properly be considered in determining the weight that should be given the direct testimony of a witness even though no adverse verbal testimony is adduced. If such testimony is evasive, equivocal, confused, or otherwise uncertain, it may be disregarded. If it is improbable, physically impossible, contrary to physical facts or to the laws of nature or scientific principles, or is opposed to common knowledge, inconsistent with other circumstances established in evidence, or contradictory within itself, it is without any value and may be disregarded.

30 Am.Jur.2d Evidence § 1083 (1967).

As with the testimony of an eyewitness to a decisive fact, if the members of the jury are satisfied of the trustworthiness of the opinion rendered by an expert on an ultimate fact or issue, the evidence may be conclusive of the issue, but they are not bound to accept the opinion or to render the verdict according to it. Every expert opinion rests on an assumption of fact; if the opinion is given in response to a hypothetical question, its weight depends wholly on the jury finding that the assumed facts have been proved; if it is based on the expert’s own testimony as to the facts, the truth of this testimony is no less open to their belief or disbelief. In addition, the soundness of the opinion itself must be determined by the jury in consideration of its apparent reasonableness or their confidence in the skill and trustworthiness of the witness, and of any contradiction from other experts. However, the testimony by an expert as to the ultimate conclusion of fact must be his or her expert opinion; any other statement not so grounded is inadmissible as a conclusion.

31A Am.Jur.2d Expert and Opinion Evidence § 50 (1989).

In Rice v. State, 500 P.2d 675

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Bluebook (online)
803 P.2d 81, 1990 Wyo. LEXIS 153, 1990 WL 199798, Counsel Stack Legal Research, https://law.counselstack.com/opinion/krause-v-state-ex-rel-wyoming-workers-compensation-division-wyo-1990.