Matter of Haynie

592 P.2d 693
CourtWyoming Supreme Court
DecidedMarch 14, 1979
Docket5027
StatusPublished
Cited by3 cases

This text of 592 P.2d 693 (Matter of Haynie) 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 Haynie, 592 P.2d 693 (Wyo. 1979).

Opinion

592 P.2d 693 (1979)

In the Matter of Injury to Elmer J. HAYNIE.
AMAX COAL COMPANY, Appellant (Defendant-Employer below),
v.
Elmer J. HAYNIE, Appellee (Plaintiff-Employee below).

No. 5027.

Supreme Court of Wyoming.

March 14, 1979.

David G. Lewis of Brown, Drew, Apostolos, Massey & Sullivan, Casper, for appellant.

John M. Daly of Daly, Maycock & Anderson, Gillette, for appellee.

Before RAPER, C.J., McCLINTOCK, THOMAS, and ROSE, JJ., and GUTHRIE, J., Retired.[*]

THOMAS, Justice.

This case involves the application of the Worker's Compensation Act (§ 27-310, W.S. 1957, as amended, et seq., now § 27-12-101, W.S. 1977, et seq.) to an occlusion of an internal carotid artery. The occlusion became manifest about 9 1/2 weeks after the employment incident which is accused as being causative. The employer resists payment, contending that there does not exist substantial credible evidence establishing that the injury was the legal and medical result of the employment incident. In its Judgment the district court awarded to the employee the payment in full of reasonable medical expenses, temporary total disability, and reasonable attorney's fees. The employer has appealed from this judgment which is premised upon the existence of coverage of the injury under the Worker's Compensation Act. We will affirm the district court.

Our disposition of this case is made in accordance with well-established and recently reiterated legal standards applicable to cases under the Worker's Compensation Act. The burden of proof in the district court is upon the claimant to establish the elements of his claim and his entitlement to an award by the preponderance of the evidence,[1] and that burden is in no way *694 eased by the rule of liberal construction applicable to the Worker's Compensation Act. The district court having found the evidence sufficient to sustain that burden, however, the claimant is entitled to a contrary presumption on appeal, and this court will not disturb the determination of the district court if it is supported by substantial evidence. When the evidence, as in this instance, is conflicting on some issues, this court will not disturb the determination of the district court if it is supported by substantial evidence and will consider only that evidence favorable to the claimant, giving to it every favorable inference that reasonably and fairly may be drawn from it. Jim's Water Service v. Eayrs, Wyo., 590 P.2d 1346 (1979).

In accordance with these standards the material facts which were developed in this case lend support to the familiar quotation, "`Tis strange but true; for truth is always strange, — stranger than fiction." Lord Byron, Don Juan, Canto XIV, Stanza 101 (1823).

Elmer Haynie reported to work at Amax Coal Company's Belle Ayr Mine on the evening shift on April 7, 1977. His job at that time was to drive and operate a water truck. He proceeded to a designated site to fill the water truck, and while he was waiting for it to fill he ascended the berm on the level of the mine where he was working to look over into the pit. (The berm is a wall constructed of earth around the edge of the pit or a level in the pit to prevent personnel and equipment from falling or being driven into the pit.) At that time, as a part of the mining operations, an explosive blast was detonated. No one other than Haynie was in a position to observe what occurred at the place where he was filling the water truck. Haynie testified that he was standing on the berm and observing the pit when the blast went off. His vantage point was 10 or 15 feet to the rear of the truck. He testified that he either fell backward or was thrown backward, and when he came to his senses he was lying on his back in front of the water truck. He has amnesia with respect to the events occurring between the time that he was standing on the berm and when he found himself on his back in front of the water truck. He complained of a ringing in his ears, and headache, and he did seek medical treatment that same night. He testified that he had a good deal of trouble driving to the hospital, almost "like he was drunk." He was examined by a physician at the hospital who washed out his eyes and his ears, but did not identify any particular injury. Haynie did pursue some diagnostic recommendations made by that physician which resulted in a medical conclusion that he suffered from arteriosclerosis in his legs.

After April 7, 1977, other symptoms, consistent with the ultimate diagnosis of Haynie's condition, began to manifest themselves. Haynie said that he couldn't work, and that his vision wasn't as good as it had been before. He testified that he changed jobs because he thought it was dangerous for him to drive the water truck and that he was dizzy all the time. A friend and co-employee with whom Haynie had exchanged rides to work noticed a change in Haynie's attitude toward him. He testified that Haynie became indifferent toward him, and he had observed that Haynie did not care for the garden at his home as he had previously done. Their arrangement for rides changed so that he drove to work all the time because a couple of times Haynie had scared him with his driving. Haynie's wife testified that he had been healthy before April 7, 1977, and was pretty active, doing things around the house and working in the garden. After April 7, 1977, he got tired when they tried to work in the yard or garden and his wife further testified that she would take over his work and let him go lie down. If company came to visit sometimes he wouldn't even come out and visit with them. Instead he would stay in the bedroom of their mobile home, and on occasion he asked the company to leave. This *695 was to her a significant change in his behavior and she testified that he changed gradually, beginning two or three days or a week after April 7, 1977.

On June 13, 1977, Haynie experienced difficulty in traveling to Newcastle to meet his wife, who was returning from a trip on the bus. He was found wandering in a cow pasture near Newcastle after hanging up his car on a cattle guard. The sheriff took him to the hospital in Newcastle and he then was transported to the Rapid City, South Dakota, hospital by ambulance. There he was examined by a physician who specialized in the practice of neurology. This physician observed that he had a very classic right parietal lobe syndrome. He stated that Haynie manifested a marked ataxia with a tendency to even suggest there was an apraxia. The doctor explained that ataxia means incoordination which applies to gait or to the use of an arm, for example, and that an apraxia, while likewise indicating an inability to use an extremity, results from an inability to plan the movement in a coherent fashion due to a deficit in higher cortical functioning. The doctor pursued three immediate tests: an electroencephalogram, which showed an abnormal record, with significant hemispheteral asymmetry showing over the area of the right hemisphere; a brain scan, which showed on the blood-flow portion a decreased flow through the right carotid artery; and subsequently the doctor performed a right-carotid angiogram, which showed a total occlusion of the right internal carotid artery. The doctor found significance in his observation that the occlusion was at the level of the second cervical vertebra, and that it was tapered in its appearance and complete.

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