Sidwell v. State ex rel. Wyoming Worker's Compensation Division

977 P.2d 60, 1999 Wyo. LEXIS 44, 1999 WL 211854
CourtWyoming Supreme Court
DecidedApril 14, 1999
DocketNo. 97-216
StatusPublished
Cited by2 cases

This text of 977 P.2d 60 (Sidwell v. State ex rel. Wyoming Worker's Compensation Division) 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
Sidwell v. State ex rel. Wyoming Worker's Compensation Division, 977 P.2d 60, 1999 Wyo. LEXIS 44, 1999 WL 211854 (Wyo. 1999).

Opinion

LEHMAN, Chief Justice.

A hearing examiner denied injured worker Ed Sidwell’s (Sidwell) claim for permanent partial disability benefits. The hearing examiner found that Sidwell had voluntarily sought and accepted a lower paying job, a job he had applied for prior to his work-related back injury. From this, the hearing examiner concluded that Sidwell had not lost any earning power because of his injury, and he was thus not entitled to benefits. Sidwell petitioned for review with the district court, which affirmed the hearing examiner’s decision.

We affirm.

ISSUES

Appellant Sidwell presents the following issues for our review:

Did the Office of Administrative Hearings act arbitrarily, capriciously, or otherwise unlawfully within the meaning of W.S. § 16-3-114(c), in ruling that Petitioner was not eligible for a permanent partial disability award pursuant to W.S. 27-14-^405(h) on the grounds that any decrease in income was voluntary and he had applied for the same lesser paying job with his employer prior to his second work related injury?
Was the Office of Administrative Hearings’ decision denying benefits supported by substantial evidence within the meaning of W.S. § 16 — 13—114(c)?

Appellee Worker’s Compensation Division (Division) states the issue:

A. The Employee underwent surgeries for two separate low back injuries. After his second surgery he sought a lower-paying job, in part, to avoid re-injuring his back. After a third back injury he sought, and accepted, the same lower-paying job. The OAH denied permanent disability for the third injury because the Employee lost no “earning capacity” and his job change was “voluntary.”
Was the Hearing Examiner’s Decision supported by substantial evidence and in accordance with law?

FACTS

This appeal arises from the latest of three back injuries suffered by Ed Sidwell. Sid-well first injured his lower back in 1973 while employed as a diesel mechanic in Utah. As a result, he underwent disc removal surgery. In 1991, Sidwell again injured his lower back, this time while employed as a diesel mechanic for Cummins Intermountain, Inc. of Rock Springs (Cummins). Shortly thereafter, Sid-well underwent spinal fusion surgery. After [62]*62recovering from this surgery, Sidwell returned to work for Cummins as a diesel mechanic.

In September of 1994, a position in the Cummins parts department became available. Sidwell applied for the position because the physical demands of being a mechanic were getting “tougher and tougher every day.” Sidwell was not hired for the parts department position at that time.

In November of 1994, Sidwell suffered another back injury while using a slide hammer to remove fuel injectors from an engine. Sidwell was diagnosed with a back strain just above the point of the fusion. Although this injury did not require surgery, Sidwell participated in occupational therapy, which included a work conditioning program designed to enable him to return to work as a mechanic. As a result of the 1994 injury, Sidwell received a one percent increase in permanent physical impairment, bringing his whole body impairment to a total of 15 percent. While recuperating from this injury, Sidwell kept in close contact with the branch manager at Cummins, Craig Palmer. Sidwell informed Palmer that he wished to return to work in a less physically demanding position, preferably in the parts department. Sidwell believed a position in the parts department would be less strenuous and would prolong his career.

In June of 1995, SidwelPs chiropractor issued a medical release enabling him to return to light duty work for two weeks before resuming work at normal capacity. When Sidwell presented this release to Palmer, the manager told Sidwell that there was no light duty work at Cummins and that he would have to obtain a full medical release before he could return to work. Around the same time, a position in the Cummins parts department became available.

After obtaining a full medical release, Sid-well returned to work in July of 1995. He was temporarily assigned to fill the vacant parts department position. Pursuant to company policy, Cummins posted a job announcement for this position, and Sidwell applied. While the bidding for the position proceeded, Sidwell continued to work in the parts department but was paid his previous diesel mechanic’s wage, $17.25 per hour. Sidwell eventually received the parts department position, which pays $14.41 per hour.

In an attempt to alleviate this wage discrepancy, Sidwell applied for a permanent partial disability award. The Division did not approve Sidwell’s claim for benefits, finding that the wages were comparable. After a contested case hearing, a hearing examiner from the Office of Administrative Hearings (OAH) also denied Sidwell’s claim for benefits. The hearing examiner’s findings included the following:

22. In light of the fact that the employee had applied for a position as a parts man at the rate of $14.00 per hour prior to his injury, and after the injury was offered that job and accepted that position, the Office finds that there was no apparent loss of earning capacity and any decrease in income was voluntary.

Sidwell filed a petition for review with the district court, and the district court affirmed the hearing examiner’s decision. Sidwell timely appeals that decision.

STANDARD OF REVIEW

When considering an appeal from a district court’s review of agency action, we accord no special deference to the district court’s conclusions. Manning v. State ex rel. Worker’s Compensation Div., 938 P.2d 870, 872 (Wyo.1997). Instead, we review the case as if it had come to us directly from the administrative agency. Id. at 872-73. Judicial review of administrative decisions is limited to a determination of the matters which are specified in Wyo. Stat. Ann. § 16-3-114(c) (Michie 1997), which mandates that the reviewing court shall:

(ii) Hold unlawful and set aside agency action, findings and conclusions found to be:
(A) Arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law;
* * *
(E) Unsupported by substantial evidence in a case reviewed on the record [63]*63of an agency hearing provided by statute.

Whether Sidwell is entitled to permanent partial disability benefits is a question of fact. State ex rel. Worker’s Compensation Div. v. White, 837 P.2d 1095, 1097 (Wyo.1992). We afford respect and deference to an agency’s findings of fact if they are supported by substantial evidence. Haagensen v. State ex rel. Workers’ Compensation. Div., 949 P.2d 865, 867 (Wyo.1997). “Substantial evidence” is a term of art, best described as relevant evidence that a reasonable mind can accept as adequate to support an agency’s conclusion. Id.

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Related

Ireland v. State Ex Rel. Wyoming Workers' Compensation Division
998 P.2d 398 (Wyoming Supreme Court, 2000)
State v. Bergen
538 P.2d 533 (Court of Appeals of Washington, 1975)

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977 P.2d 60, 1999 Wyo. LEXIS 44, 1999 WL 211854, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sidwell-v-state-ex-rel-wyoming-workers-compensation-division-wyo-1999.