Matter of Andren

917 P.2d 178, 1996 WL 278221
CourtWyoming Supreme Court
DecidedMay 28, 1996
Docket95-250
StatusPublished
Cited by4 cases

This text of 917 P.2d 178 (Matter of Andren) 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
Matter of Andren, 917 P.2d 178, 1996 WL 278221 (Wyo. 1996).

Opinion

917 P.2d 178 (1996)

In the Matter of the Worker's Compensation Claim of Melvin W. ANDREN.
The CELOTEX CORPORATION, Appellant (Respondent-Employer),
v.
Melvin W. ANDREN, Appellee (Petitioner-Employee).

No. 95-250.

Supreme Court of Wyoming.

May 28, 1996.

*179 Colin M. Simpson of Simpson, Kepler & Edwards, L.C., Cody, for appellant.

Wm. Daniel Elsom and George Lemich of Elsom and Lemich, Cody, for appellee.

Before GOLDEN, C.J., and THOMAS, MACY, TAYLOR and LEHMAN, JJ.

MACY, Justice.

Appellee Melvin Andren (the employee) sought review in the district court of the hearing examiner's order which denied his request for worker's compensation benefits. The district court reversed the hearing examiner's order, finding that the employee was entitled to receive benefits. Appellant Celotex Corporation (the employer) appeals from the district court's order which reversed the hearing examiner's decision.

We reverse.

ISSUES

The employer presents the following issues for our review:

1. The District Court applied an incorrect standard or rule and improperly reweighed the evidence presented at the contested [case] hearing.
2. The Hearing [Examiner's] determination that [the employee] had engaged in unsanitary or injurious practices contrary to W.S. § 27-14-407 and thus was not entitled to benefits[ ] was supported by substantial evidence.

FACTS

It is undisputed that the little finger on the employee's left hand was crushed on March 31, 1994, while the employee was at work. He was taken to the emergency room where he was given pain killing medications and a tetanus shot. Later that day, an orthopaedic surgeon determined that immediate surgery was required.

During the surgery, the surgeon placed two surgical pins in the employee's finger to stabilize the joint. Tube gauze and an extension splint were placed over the finger after surgery to protect it. No complications were noted as a result of the surgery. The following day, the employee returned to the hospital to have his surgical dressing changed. He complained that he did not have any circulation in his finger due to the pressure of the postoperative dressing, so the dressing was changed. The next day, the employee redressed his wound himself, trying to ease the continuing pain. He also applied a topical coating of honey to his injury.

On April 4, 1994, the employee returned to work even though he had not yet been released by his surgeon to do so. The employee bought a supply of clean gloves and trimmed the protruding ends of the surgical pins by about an eighth of an inch to make it easier for him to get his gloves on and off.

On April 7 and April 12, 1994, the employee visited the surgeon's office. At both visits, his wound was "benign," but the surgeon did note that the employee had been using honey on his injury. The surgeon instructed the employee to wear his splint and not put honey on the wound.

On April 24, 1994, the employee was not wearing his splint when his wife accidentally hit his finger. The employee's finger became *180 progressively painful and swollen. Three or four days later, in an attempt to relieve the pain, the employee pulled both pins out of his finger with a pair of pliers. Despite having pain and swelling, the employee did not seek immediate medical treatment. When the employee did see a doctor approximately nine days after his finger had been struck, he had to have surgery because of extensive infection and the damage done to his finger. The finger had swollen to nearly four times its normal size, and it was a "purplish red" color. At the employee's insistence, the surgeon amputated the employee's finger during that surgery.

The employee applied for and received benefits under the provisions of the Wyoming Worker's Compensation Act. The employer subsequently objected to any benefits being paid to the employee after May 3, 1994, claiming that the employee had engaged in unsanitary or injurious practices which imperiled his recovery. After holding a contested case hearing, the hearing examiner concluded that the employee was not entitled to receive benefits for the treatment of the infection or for the amputation, finding that the employee had knowingly engaged in an unsanitary or injurious practice which tended to imperil or retard his recovery.

The employee sought review of the hearing examiner's decision in the district court. The district court reversed the hearing examiner's decision, concluding that the employer had failed to meet and carry its burden of proof. The employer appeals from the district court's decision.

DISCUSSION

The employer contends that substantial evidence supported the hearing examiner's determination and that the district court improperly reversed the hearing examiner's decision. The employee maintains that the employer failed to meet its burden of proving that the employee forfeited his claim.

When we review an administrative order, we are not compelled to accept any of the conclusions reached by the district court. State ex rel. Wyoming Workers' Compensation Division v. Fisher, 914 P.2d 1224, 1226 (Wyo. 1996). Instead, we review the case as if it had come directly to this Court from the agency. Id.

Our task is to examine the entire record to determine whether substantial evidence supported the hearing examiner's findings. We will not substitute our judgment for that of the hearing examiner when substantial evidence supports his decision. Substantial evidence is relevant evidence which a reasonable mind might accept in support of the agency's conclusions.

Latimer v. Rissler & McMurry Co., 902 P.2d 706, 708-09 (Wyo.1995) (citations omitted). We do not, however, defer to an agency's conclusions of law. "Instead, if the `correct rule of law has not been invoked and correctly applied, . . . the agency's errors are to be corrected.'" Thunder Basin Coal Company v. Study, 866 P.2d 1288, 1291 (Wyo.1994) (quoting Devous v. Wyoming State Board of Medical Examiners, 845 P.2d 408, 414 (Wyo. 1993)).

Although the burden of establishing that a worker's compensation claim has been forfeited rests squarely on the employer, Kilburn Tire v. Meredith, 743 P.2d 874, 876 (Wyo.1987), the party who appeals from an administrative determination has the burden of proving the lack of substantial evidence to sustain the agency's ruling. Jaqua v. State ex rel. Wyoming Workers' Compensation Division, 873 P.2d 1219, 1221 (Wyo.1994). We construe the forfeiture mandate strictly due to its harshness. Kilburn Tire, 743 P.2d at 876.

The substantive issue in this case is whether the hearing examiner properly applied WYO. STAT. § 27-14-407 (1991) to the facts in this case. Section 27-14-407 provides:

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Bluebook (online)
917 P.2d 178, 1996 WL 278221, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-andren-wyo-1996.