Murray v. STATE EX REL. WORKERS'SAFETY AND COMP. DIV.

993 P.2d 327
CourtWyoming Supreme Court
DecidedDecember 29, 1999
Docket99-76
StatusPublished

This text of 993 P.2d 327 (Murray v. STATE EX REL. WORKERS'SAFETY AND COMP. DIV.) 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
Murray v. STATE EX REL. WORKERS'SAFETY AND COMP. DIV., 993 P.2d 327 (Wyo. 1999).

Opinion

993 P.2d 327 (1999)

In The Matter Of The Worker's Compensation Claim Of: Donald David MURRAY, Appellant (Petitioner/Employee-Claimant),
v.
STATE of Wyoming, ex rel., WYOMING WORKERS' SAFETY AND COMPENSATION DIVISION, Appellee (Respondent/Objector-Defendant).

No. 99-76.

Supreme Court of Wyoming.

December 29, 1999.

*328 Representing Appellant: Sharon M. Rose of Beppler, Lavery & Rose, P.C., Evanston, WY. Argument presented by Ms. Rose.

Representing Appellee: Gay Woodhouse, Attorney General; John W. Renneisen, Deputy Attorney General; Gerald W. Laska, Senior Assistant Attorney General; and Bernard P. Haggerty, Senior Assistant Attorney General. Argument presented by Mr. Haggerty.

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

HILL, Justice.

Appellant Donald Murray's wrists broke out in hives shortly after he drew a sample of raw gas as part of his job activities. When the Workers' Compensation Division denied Murray's claim for benefits, a contested case hearing was held to determine whether his injury was work-related. The hearing examiner held that Murray's inability to identify the precise chemical which caused his skin problem constituted failure to prove a compensable injury as a matter of law. We find that Murray's inability to identify the specific source of his rash does not preclude a finding of causation as a matter of law, and therefore, reverse and remand.

ISSUES

Appellant Murray phrases the issues as follows:

A. Did the Hearing Examiner err in applying the burden of proof for occupational disease/injuries which occur over a substantial period of time, § 27-14-603 W.S.A. (1997 Ed), to Appellant's case[?]
B. Did the hearing examiner impose a greater burden of proof than a preponderance of the evidence, (sic) in requiring the Appellant to identify a specific chemical causing injury[?]
C. Was the Hearing Examiner's decision that Appellant had not met his burden of proof on causation an abuse of discretion[?]

Appellee Wyoming Workers' Compensation Division phrases the issues as:

The Hearing Examiner denied benefits for the Employee's skin disease for several alternative reasons.
A. Was any one of the Hearing Examiner's alternative reasons supported by substantial evidence, within his discretion and in accordance with law?

FACTS

In 1982, Murray began work as a plant operator at the Chevron USA, Inc. Carter Creek Gas Plant. His position required daily contact with a number of chemicals including raw gas, raw sulfur, treated gas, and gas stream products. Toward the end of his shift, on the morning of March 6, 1997, Murray drew a routine sample of raw gas. Approximately 15 to 20 minutes later, he suffered an outbreak of severe urticaria (hives) on his wrists appearing at the point where his gloves had been rolled down.

Later that day, Murray went to the emergency room when the urticaria became more severe and had spread over his entire body. There, he saw Dr. French, who speculated that the cause of the rash could have been a reaction to the medication he had recently taken for a sinus condition. As his condition persisted, Murray consulted several other medical practitioners to determine the cause and treatment for his condition. He eventually saw Dr. John Zone, a board certified dermatologist and immunologist, who conducted tests which returned negative for allergies to latex, food, and the medication which Murray was taking prior to his outbreak.

*329 While under the care of Dr. Zone, Murray had another severe outbreak while handling Glad garbage bags. After he reported this event to Dr. Zone, the doctor performed a "scratch test" with Glad bags which caused a life-threatening reaction. Dr. Zone then surmised that Murray was allergic to petroleum products because the bags are coated with various substances including hydrocarbons.

Murray filed a claim for benefits with the Division, and two days later, the Division issued a final determination denying benefits because the employee had not suffered an injury as defined by the Workers' Compensation Act. A hearing to determine Murray's claim was held on October 22, 1998. The parties agreed that the issue was whether the injury was work-related, but differed as to whether Murray was required to prove the elements of a single incident injury or an injury occurring over a substantial period of time. Finding that Murray failed to meet his burden of proof, the hearing examiner's conclusions of law included the following:

7. To prove that an injury arises out of or in the course of employment, a claimant must show a causal connection between the injury and the employment exist.
. . . .
9. To find a nexus, the Office must determine if the injury occurred during the period of employment, at the place of employment while the Employee was fulfilling the duties of his employment and the (sic) under what conditions the duties were performed.
. . . .
12. Proximate cause is such cause which in direct, unbroken sequence produces an injury or directly brings about an injury either immediately or through happenings which follow one after another.
. . . .
17. The employee has not met his burden of proof in demonstrating any connection between his work and his condition.
18. The employee has not demonstrated what his injury is. Without determining what the "injury" is, it is impossible, as a matter of law, to attribute it to a condition of employment.
19. The medical evidence presented does not identify a source or cause of the Employee's urticaria. If no cause can be identified, the Employee cannot meet his burden of proof. . . .
20. No evidence was presented that indicates any illness occurred at the Employer's premises.
21. The Office concludes [that] the Employee suffers from an illness and that the risk of the illness was not increased by the Employee's employment because no cause of his illness was identified by the medical testimony and evidence.
22. If the Employee's injury is one which occurs over a substantial period, the Employee has failed to prove a direct causal connection in his condition and work, that the injury follows as a natural incident of his work or the proximate cause of his condition.

STANDARD OF REVIEW

Our process for reviewing a hearing examiner's decision that the injured worker has failed to meet the burden of proof assigned to him has been expressed as follows:

A claimant for worker's compensation benefits has the burden of proving all the essential elements of the claim by a preponderance of the evidence in the contested case hearing. Martinez v. State ex rel. Wyoming Workers' Compensation Div., 917 P.2d 619, 621 (Wyo.1996). When an agency decides that the party charged with the burden of proof has failed to meet that burden, the case is reviewed under the "[a]rbitrary, capricious, an abuse of discretion or otherwise not in accordance with law" language of WYO. STAT. § 16-3-114(c)(ii) (1990). City of Casper v. Utech, 895 P.2d 449, 452 (Wyo.1995). On appeal the complainant * * * has the burden of proving arbitrary administrative action. Knight v. Environmental Quality Council of State of Wyo., 805 P.2d 268 (Wyo.1991);

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