Salas v. General Chemical

2003 WY 79, 71 P.3d 708, 2003 WL 21467967
CourtWyoming Supreme Court
DecidedJune 26, 2003
Docket02-111
StatusPublished
Cited by21 cases

This text of 2003 WY 79 (Salas v. General Chemical) 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
Salas v. General Chemical, 2003 WY 79, 71 P.3d 708, 2003 WL 21467967 (Wyo. 2003).

Opinion

VOIGT, Justice.

[¶ 1] In May 1999, General Chemical employed appellant, Ernest Salas (Salas), as a shuttle car operator in its trona mine. On May 3rd, Salas was injured when a slab fell from the side of the mine, “rolled” him to the ground, and pinned him there. Following a contested case hearing, the hearing examiner found that the accident materially aggravated the pre-existing degenerative condition in Salas’ right knee. The district court reversed the hearing examiner’s determination, and Salas appeals the district court’s decision to this Court. We reverse.

ISSUES

[¶ 2] Salas phrases the issue on appeal as follows:

Was the Hearing Examiner’s decision awarding benefits supported by substantial evidence?

General Chemical phrases the issue in substantially the same manner.

FACTS

[¶ 3] In 1997, Salas underwent a right knee arthroscopy that revealed

a torn meniscus which had been present on the medial side for some time and that torn meniscus was removed. The actual joint itself looked pretty good.
[[Image here]]
... The right knee will be sore for a considerable time from the removal of the medial meniscus but eventually should be a reasonably good knee.

In May 1998, Salas reportedly experienced right knee pain for a two-week period, and a doctor aspirated fluid from the knee. During a November 1998 physical, another doctor noted the “persistence of right knee pain along the medial aspect,” and “[pjrobable degenerative arthritis of the knees.” In a follow-up visit one month later, the same doctor noted that Salas’ “knees feel much better with [medication.]”

[¶4] On May 3, 1999, General Chemical employed Salas as a shuttle car operator in its trona mine near Green River. That day, *710 a four- to five-hundred pound slab fell from the side of the mine, “rolled” Salas to the ground, and pinned him there. The hearing examiner found that Salas was “pinned to the ground, by the slab, in a crouching position, with his left leg stretched out behind him, his weight being applied to his right knee.” 1 Salas stated that when he was pinned beneath the slab, his right knee ultimately folded underneath him. He demonstrated the position of his body for the hearing examiner, and it appeared from the demonstration that Salas’ right knee was “bent at an angle and his body kind of twisted to the right side.”

[¶ 5] Salas reportedly suffered abrasions to his left shoulder, left elbow, and right knee. After a break, Salas returned to work and did not immediately suffer pain in his right knee, but noted that his “adrenaline was pumping pretty good.” Salas testified that he experienced “a clicking” in his right knee in June 1999. Within a “month or two” after the accident, Salas stated that he also experienced a “new,” “constant pain” on the inside of his right knee to a degree that when walking, “something would be aggravating [his] knee to where it was painful to walk anymore.” Salas claimed that while he previously had experienced soreness in the knee, he had never experienced this kind of “constant” pain whenever his knee would “open or close,” and felt that the May 3rd accident “had aggravated it.” A co-worker noticed that between May and November 1999, Salas “was having a hard time walking and his gait had changed quite a bit.”

[¶ 6] In October 1999, Salas consulted Dr. Thomas Bienz, an orthopedic surgeon, who noted that Salas had reportedly experienced “repeat knee pain, increased swelling and some popping on the medial side” since the May 1999 accident, and the pain was “progressively getting worse.” According to Dr. Bienz, x-rays revealed “significant degeneration in the medial compartment” and “extensive medial osteophytes and very little joint space remaining.” The doctor concluded that Salas suffered from “[a]eute on chronic right-knee pain with extensive medial compartment degeneration_” He initially recommended treatment in the form of physical therapy and medication. By November 1999, Salas had experienced some “good relief of pain,” but continued to “report medial sided joint line pain as well as occasional snapping and popping inside his joint,” which the doctor confirmed with further examination. The doctor recommended that physical therapy in combination with medication continue, but noted that in “the event that at six weeks he continues to have discomfort, consideration will be given to arthroscopy and debridement.”

[¶ 7] Dr. Bienz performed a right knee arthroscopy in March 2000. During the ar-throscopy, he discovered a degenerative loss of “articular cartilage” in the knee’s medial compartment, and, although it was difficult to assess, what appeared to be a “degenerative-type tear” in the medial meniscus. Salas returned to work in April or May 2000, and his knee “didn’t have the pain that it did before and it was back to just the soreness.”

[¶ 8] The Division of Workers’ Safety and Compensation (Division) issued an amended final determination in February 2000, awarding Salas benefits “for acute treatment only.” Both Salas and General Chemical objected to the determination, and a contested case hearing was held in October 2000. The hearing examiner received medical deposition testimony from Dr. Bienz and Dr. Rheim Jones, also an orthopedic surgeon. Dr. Bienz diagnosed Salas with “acute on chronic” right knee pain and stated that the May 1999 accident aggravated or exacerbated the preexisting degenerative condition in Salas’ right knee. Dr. Jones, who performed a “record review” for the Division, ultimately concluded that

[biased on the available information, to a reasonable degree of medical certainty, there is not a causal relationship between [Salas’] current complaints and the reported injury of 05/03/99.
The record clearly demonstrates Mr. Salas had degenerative changes of the medial compartment of the right knee before the injury of 05/03/99....
*711 The accident of 05/03/99 is not consistent with a significant injury to the right knee....
Mr. Salas’s right knee problems are more probable than not related to his initial medial meniscus injury and subsequent degenerative changes caused by the torn fragment and added medial compartment load created by the absence of the medial meniscus.

Relying primarily on the testimony of Dr. Bienz and Salas, the hearing examiner found that the May 1999 accident materially aggravated the pre-existing degenerative condition in Salas’ right knee and awarded Salas worker’s compensation benefits.

[¶ 9] General Chemical petitioned the district court to review this determination, and the district court reversed the hearing examiner. In a detailed decision letter, the district court concluded that the “evidence leans against Salas,” the “greater weight of the evidence leans toward disallowing benefits for Salas’ preexisting injury,” and the medical testimony did not provide a sufficient “link between the work-related accident and the subsequent injury.” Salas appeals from that decision.

STANDARD OF REVIEW

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Cite This Page — Counsel Stack

Bluebook (online)
2003 WY 79, 71 P.3d 708, 2003 WL 21467967, Counsel Stack Legal Research, https://law.counselstack.com/opinion/salas-v-general-chemical-wyo-2003.