Potter v. RMT Properties, Inc.

715 P.2d 214, 1986 Wyo. LEXIS 499
CourtWyoming Supreme Court
DecidedMarch 6, 1986
DocketNo. 85-174
StatusPublished
Cited by6 cases

This text of 715 P.2d 214 (Potter v. RMT Properties, Inc.) 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
Potter v. RMT Properties, Inc., 715 P.2d 214, 1986 Wyo. LEXIS 499 (Wyo. 1986).

Opinion

CARDINE, Justice.

This appeal is from the district court’s denial of a worker’s compensation permanent partial disability claim. The district court held that the worker failed to carry his burden of proving that a worksite injury caused his partial disability. We must decide whether there was sufficient evidence to support the district court’s factual determination.1

[215]*215We affirm.

In January of 1984 claimant Eugene Potter, a 59-year-old boilermaker, slipped on a patch of ice at the Husky Oil Refinery in Cheyenne and fell on his back. He did not miss any work, but he did consult his family physician who began a course of physical and drug therapy. Claimant’s employer, appellee RMT Properties, Inc., consented to his worker’s compensation claims covering the cost of these treatments, and they were paid. Claimant suffered another injury several weeks later when he pulled his back while turning a wrench at the plant. This injury, like the first, did not cause claimant to miss work, but he did continue to receive worker’s compensation benefits for back treatments.

In May of 1984, the upstream assets2 of Husky Oil Company were purchased by Marathon Oil Company and the downstream assets, including the Cheyenne refinery, were transferred to a Husky subsidiary, RMT Properties, Inc. As part of the reorganization, older workers, including claimant, were offered early retirement with a special severance package. Claimant accepted the package and retired on June 1, 1984.

Shortly after retiring, claimant visited Dr. Kline who had successfully treated him for back problems since 1958. He told Dr. Kline of the incidents in January and February, 1984, and complained of continued back pain. After x-rays, Dr. Kline diagnosed claimant’s condition as degenerative arthritis of the spine and facetteal joints.

Throughout the summer and fall of 1984, claimant continued to visit Dr. Kline for his back pain, and he submitted claims for those visits to worker’s compensation. Finally, on December 21, 1984, claimant filed a claim for permanent partial disability under § 27-12-403, W.S.1977. The employer contested the claim, and the case was set for trial.

At trial, Dr. Kline testified on claimant’s behalf. He repeated to the court his diagnosis of claimant’s condition as degenerative arthritis, a condition which, according to Dr. Kline, takes a long time to develop. He testified that it could have developed in claimant through heredity, small repetitive injuries, heavy labor, or just sixty years of normal life.

While Dr. Kline never said that claimant’s work injuries in the winter of 1984 caused the arthritis, he did testify that the work injuries caused the arthritis to become symptomatic; in other words, the arthritis became painful and disabling after the injuries. Specifically, Dr. Kline was asked, “[Do] you attach some significance to the fact that the arthritic condition became symptomatic after the January incident where he slipped and fell at work?” He responded, “I think that is the straw that broke the camel’s back.” On other issues, Dr. Kline testified that claimant’s condition was incurable, that he would never be able to do heavy work, and that he was, therefore, 25 percent permanently disabled.

The district court denied appellant’s claim, basing its decision primarily on claimant’s failure to establish a causal connection between the 1984 worksite accidents and the 25 percent disability. In its opinion letter, the court stated:

“The problem, as I see it, is that the disability is directly attributable to a disease of degenerative arthritis, as both doctors testified. There is a suggestion by claimant, and Dr. Kline in part sustains this, that the injury of the claimant in January, 1984, during and at work, may have been an aggravation of the preexisting arthritic disease. The prob[216]*216lem with that, however, is that there is no testimony or evidence of any kind in the record to show that the 25% disability resulted from the aggravation of the January, 1984, injury in whole or in part. The testimony is that the disability of 25% impairment of the body as a whole results from the arthritic disease itself. If there was, in fact, an aggravation of the preexisting arthritic disease, did such aggravation cause the plaintiff to be 25% disabled? Or, did such aggravation, if any, cause a 20%, or a 15%, or 0% disability? There is no evidence from which I can make any finding in this regard.”

Claimant made a timely motion for new trial which the district court denied after a hearing. The court’s statements at the hearing provide an additional insight into the court’s reasoning on the critical causation issue:

“I have to repeat what I said in my letter opinion, that taking into account, as a factual matter, I listened to the claimant and all of the other evidence; I was not overly impressed with the weight of the claimant’s testimony — and my function is sorting out and assigning credibility and weight. In all honesty, I would have to say that Mr. Potter came through to me as a man who was somewhat upset at his employer and felt that he ought to — I will answer it this way. Unfortunately, I watched the witness and listened to him, and I was not convinced that he had ever had an injury that was caused by his present complaints.”

The court denied claimant’s motion for a new trial, and claimant appealed to this court.

In a worker’s compensation case, the burden of proof is on the claimant to prove the essential elements of his claim by a preponderance of the evidence. Nuanes v. State ex rel. Wyoming Worker’s Compensation Division, Wyo., 694 P.2d 86, 89 (1985). Claimant’s claim arose under § 27-12-403, W.S.1977, which states in part: “Permanent partial disability means the loss or permanent impairment of a limb or sense, or any other injury known to surgery or medicine to constitute permanent impairment of a bodily function.” The remainder of the statute sets the level of compensation for the various types of permanent partial disability. Section 27-12-403, by employing the term of art “injury,” incorporates additional essential elements from the definition of injury found in § 27-12-102(a)(xii), W.S.1977. The portions of the definition pertinent to this case are as follows:

“ ‘Injury’ means any harmful change in the human organism other than normal aging * * * arising out of and in the course of employment while at work in or about the premises occupied, used or controlled by the employer * * (Emphasis added.)

Under the factual setting of this case and the statutes outlined above, claimant had to prove by a preponderance of the evidence that he suffered:

(1) A harmful change in the human organism
(2) which constituted a permanent impairment of a bodily function
(3) which arose out of and in the course of employment3
(4) and which he incurred while at work in or about the premises occupied, used or controlled by the employer.

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Bluebook (online)
715 P.2d 214, 1986 Wyo. LEXIS 499, Counsel Stack Legal Research, https://law.counselstack.com/opinion/potter-v-rmt-properties-inc-wyo-1986.