L & H Welding & Machine Co. v. State ex rel. Wyoming Worker's Compensation Division

876 P.2d 984, 1994 Wyo. LEXIS 78, 1994 WL 264911
CourtWyoming Supreme Court
DecidedJune 15, 1994
DocketNo. 93-194
StatusPublished
Cited by5 cases

This text of 876 P.2d 984 (L & H Welding & Machine Co. v. State ex rel. Wyoming Worker's 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
L & H Welding & Machine Co. v. State ex rel. Wyoming Worker's Compensation Division, 876 P.2d 984, 1994 Wyo. LEXIS 78, 1994 WL 264911 (Wyo. 1994).

Opinion

CARDINE, Justice.

An employer brings this action challenging the district court’s determination that an employee’s worker’s compensation benefits were chargeable to the employer rather than to the industry class as a whole.

We affirm.

The employer, L & H Welding and Machine Company (L & H Welding), raises two issues:

A. The District Court erred in concluding that W.S. Section 27-14-603(e) requires a previous claim for which benefits were previously paid.
B. The District Court erred in concluding that there was no evidence in the record that Employee/Claimant had successive compensable injuries requiring distribution of benefit charges pursuant to W.S. Section 27-14-603(e).

The State, through the Worker’s Compensation Division (Division), raises an additional issue:

Whether the hearing officer has authority pursuant to W.S. § 27-14-603(e) to order the division to charge benefits to an industrial class as a whole rather than a single employe[r]?

FACTS

This case began when James Mitchell, an L & H employee, filed a worker’s compensation claim for an injury to his back. L & H Welding and the Division objected to the claim; and on February 17, 1993, a hearing was held in front of a hearing examiner (examiner). On March 22, 1993, the examiner, in findings of fact and conclusions of law, determined that Mitchell was entitled to an award for temporary total disability. This determination was not challenged by the parties and is not at issue in this case. The examiner also found that Mitchell had sustained a series of compensable injuries for which a single employer could not be identified as responsible. The examiner then ordered the benefits charged to L & H Welding’s general industrial classification pursuant to W.S. 27-14-603(e) (1991).

The Division appealed that decision to the district court, which reversed the examiner’s decision to charge the benefits to the industrial class as a whole. The district court decided, as a matter of law, that a claimant had to have made previous claims and been paid benefits for the particular injury in order for benefits to be socialized under W.S. 27-14-603(e). Having found no evidence in the record that Mitchell had made any previous claims or had benefits paid for a lower back injury under worker’s compensation, the district court concluded that W.S. 27-14-603(e) did not apply and the benefits should be charged solely to L & H Welding. L & H has appealed that decision to this court.

Since the facts pertaining to Mitchell’s injury are relevant to the determination of the issues presented, we recite those facts as found by the examiner:

3. That between 1975 and 1991, [Mitchell] worked continuously in and around the oilfields as a roughneck, driller, motorman, tool pusher, or mechanic’s helper. All of these employments involved heavy labor.
4. That prior to his employment with L & H Welding and Machine Company [Mitchell] had filed one previous Worker’s Compensation claim * ⅜ * for an injury to his hand * * *.
5. That as early as October of 1988, [Mitchell] had consulted a chiropractor complaining of “backaches” and “lower back pain,” which he described as having persisted “since high school.” * * *
6. That [Mitchell] while in high school, suffered a motorcycle accident in which he suffered a broken left femur which resulted in shortening of his left leg.
7. That while employed by L & H * * * [Mitchell] was involved in a truck accident on January 24, 1992 in Johnson County, [986]*986Wyoming, wherein [Mitchell] was injured around his waist and shoulder areas and on the backs of his legs in the form of bruising which resulted in soreness and stiffness, but which [he] did not feel at the time justified medical treatment or Report of an Injury.
8. That on March 12, 1992 [Mitchell] slipped and fell while exiting a ear causing pain to the lower back area for which [he] sought treatment from [a chiropractor] ⅝ ⅜ ⅝
9. That at the time of the slip and fall on March 12, 1992, [the chiropractor] took x-rays of [Mitchell’s] spine which showed some degenerative changes but ■ did not reveal evidence of a herniated disc.
10. That on May 19, 1992, [Mitchell] suffered an ankle injury at his place of employment while loading large rollers on the back of a pickup truck at which time, to avoid a roller that was falling over, [Mitchell] jumped out of the bed of the pickup and caught his right foot between the slats of a pallet on the floor beside the pickup causing injury to his ankle.
11. That [Mitchell] at the time that he twisted his ankle after stepping through the pallet fell backwards and was struck in the lower back by a piece of equipment on the floor of the shop.
⅜ ⅜ ⅜ 5*C ⅜ ⅜
13. That as a result of the ankle injury, [Mitchell] filed a Worker’s Compensation claim and Employee’s Report of Injury
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14. That as a result of his ankle injury, [Mitchell] consulted with Dr. Garry G. Becker, a Family Practice Physician in Gillette * * *.
15. That on June 26, 1992, [Mitchell] returned to work and after a matter of two or three days began to experience additional problems consisting of hip and leg pain.
16. That upon his return to work [Mitchell] resumed manual labor, including shoveling the yard area of the Employer.
17. That [Mitchell] encountered severe discomfort, was unable to walk upright, was severely hindered in his activities at work and began to suffer loss of sensation or numbness in the left leg and foot.
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20. That on July 16, 1992 [MitcheE] consulted with Dr. Garry Becker concerning the severe pain in his left posterior hip and thighs and Dr. Becker diagnosed a possible herniated disc.
21. That [Mitchell] was referred to an orthopaedic surgeon, Dr. Jerome Behrens * * * [who] examined [Mitchell] and concluded a probable herniated nucleus polpo-sus or herniated disc.
22. That neither Dr. Becker nor Dr. Beh-rens could testify as to what was the probable cause of the herniated disc.
23. That Dr. Becker and Dr. Behrens and [a chiropractor] testified there was evidence of degenerative changes to [Mitchell’s] spine but none concluded or opined that such degenerative changes could be the cause of a herniated disc and there was no other medical or other competent testimony to show the degenerative changes caused the symptoms experienced by [Mitchell].
24. That there was no expert medical testimony submitted that would indicate the probable cause of [Mitchell’s] herniated disc was the injury suffered to his left leg in high school or the slip and fall occurring on March 12, 1992.
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27. That [Mitchell] was examined by Dr.

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Bluebook (online)
876 P.2d 984, 1994 Wyo. LEXIS 78, 1994 WL 264911, Counsel Stack Legal Research, https://law.counselstack.com/opinion/l-h-welding-machine-co-v-state-ex-rel-wyoming-workers-compensation-wyo-1994.