Spletzer v. State Ex Rel. Wyoming Workers' Safety & Compensation Division

2005 WY 90, 116 P.3d 1103, 2005 Wyo. LEXIS 105, 2005 WL 1867729
CourtWyoming Supreme Court
DecidedAugust 9, 2005
Docket04-116
StatusPublished
Cited by35 cases

This text of 2005 WY 90 (Spletzer v. State Ex Rel. Wyoming Workers' Safety & 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
Spletzer v. State Ex Rel. Wyoming Workers' Safety & Compensation Division, 2005 WY 90, 116 P.3d 1103, 2005 Wyo. LEXIS 105, 2005 WL 1867729 (Wyo. 2005).

Opinion

VOIGT, Justice.

[¶ 1] Between 1987 and 1990, the appellant, Carl Spletzer (Spletzer), suffered com-pensable work-related injuries when he inhaled toxic fumes while working as a welder. From approximately 1990 to 2001, the Wyoming Workers’ Safety and Compensation Division (the Division) paid medical benefits for treatments related to Spletzer’s injury. However, in December of 2001, the Division denied three claims submitted by Spletzer finding that they were not related to his 1990 work-place injury. Spletzer requested a contested case hearing and the matter was referred to the Office of the Medical Commission (the Commission). The Commission found that Spletzer failed to meet his burden of proving that his 2001 claims were related to his compensable work injury. Spletzer appealed the Commission’s decision to the district court. After the district court affirmed, Spletzer filed a timely appeal to this Court.

ISSUES

[¶ 2] Spletzer presents four issues for our review:

1. Did the Medical Commission exceed its subject matter jurisdiction by ruling on an issue that was not referred to [it]?
*1106 2. Did the Medical Commission follow proper procedure required by law?
3. Did the Medical Commission act arbitrarily, capriciously, abuse its discretion, or otherwise not act in accordance with law within the meaning of W.S. § 16 — 3—114(c), in denying Appellant’s medical treatment of chronic respiratory and arthritic conditions?
4. Was the Medical Commission’s decision denying benefits supported by substantial evidence within the meaning of W.S. § 16 — 3—114 (c) ?

FACTS

[¶ 3] From 1987 through 1991, Spletzer was employed by Sunland Services as a welder at a Chevron fertilizer plant in Rock Springs. He described the work environment as follows:

I was working on a shutdown in the plant where they were taking pipes apart, taking equipment apart, replacing equipment. They would wash everything down, but there would still be active fumes in the plant. And I was working in the plant. We were working 16, 18-hour days five days a week, seven days a week. All I would know is I would be working in the plant like maybe two or three days and I would wake up the next morning with a terrific sore throat, headache, flulike symptoms, real tremendous body aches. I would have to take a day off work or two days off work. I wouldn’t get any better. I would lose my voice. Then I would go to a physician and they would prescribe medicine for me.

As a result of those ailments, Spletzer filed a worker’s compensation claim on March 27, 1990. On December 5, 1990, the Division issued a formal determination stating that it would “review, audit and pay claims related to bronchitis, but will not allow any claims to be paid on conditions related to arthritis.” The Division paid for treatment and diagnosis of Spletzer’s medical condition over the course of several years.

[¶ 4] In August of 2001, the Division requested that Dr. Terry Brown perform an independent file review in order to provide the Division with an opinion regarding whether Spletzer’s ongoing medical conditions were related to or caused by the 1987-1990 work-related exposure to toxic chemical fumes. Dr. Brown’s review encompassed Spletzer’s medical records from July 1987 through February 2001. The Division requested that Dr. Brown answer five specific questions, which questions, and Dr. Brown’s responses, follow:

1. What current ailments are directly attributable to the 1990 hazardous materials exposures while working at SF Phosphates Fertilizer plant in Rock Springs?
There is minimal to no documentation of any incident of significance in 1990. Virtually all workups from Dr. Goldstein in 5/90 to Dr. Kanner in 7/92 all refer back to 1987 exposures while working at Chevron. Nonetheless having the luxury of reviewing over a decade of medical records, it is apparent that it is not possible to say that any of Mr. Spletzer’s medical problems are relatable in any way to exposures that occurred while at work, inasmuch as he had had persisting symptoms which have been primarily subjective with minimal to no objective evidence for his subjective complaints in terms of his pulmonary and musculoskeletal workup and examination. He has changed employment several times with no change in his symptoms, and the medical records appeared to look for documentation of excessive exposures and none were able to be documented. These facts give credence to the conclusions drawn as far back as 1990 and 1992 by very thorough physicians that it was not possible to attribute his symptoms to any specific event and, in fact, fibromyalgia syndrome and/or depression appear to be the most appropriate diagnoses and the ones most in keeping with the complaints he has had. Neither of these would be work related.
2. Would exposure to such substances in the amounts reported cause the long-term problems Mr. Spletzer reports?
No.
3. Regarding his pulmonary status, what is the most likely cause of his *1107 continuing complaints, and is it directly attributable to the 1990 exposure or to other causes?
Evaluation by an excellent pulmonologist, such as Dr. Kanner, who is well known to me, have resulted in no definitive conclusions. This would be in keeping with the trend through this decade for him to have ongoing symptoms despite changing jobs several times. I would concur with the opinions of the evaluators in the records that it is not possible within a reasonable degree of medical certainty to establish a causal relationship between his complaints in 1990, and certainly later, and any exposures that occurred from 1987 to 1990.
4. Does he suffer from arthritis that is attributable to the hazardous materials exposure or is it likely due to other causes?
His subjective complaints of arthritic pain that have not been objectified on physical examination to any significant extent or on radiographic examinations are not attributable, within a reasonable degree of medical certainty, to any exposures at work, and in fact have not been definitively attributed to any medical diagnosis. He has had a very thorough workup, and as one reads through these records over the years, concerns with his psychological status grow in this reviewer’s mind, not only regarding existing concurrently with all of his complaints, but also perhaps providing a cause for his complaints. At some point, a very thorough neuropsychiatrie evaluation with neuropsychological testing would have been of interest.
5. At this time, what current medical condition that Mr. Spletzer receives ongoing treatment for should be the Division’s responsibility, in that the Division is responsible for the treatment of work related injuries for the life of the claimant?
None.

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Bluebook (online)
2005 WY 90, 116 P.3d 1103, 2005 Wyo. LEXIS 105, 2005 WL 1867729, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spletzer-v-state-ex-rel-wyoming-workers-safety-compensation-division-wyo-2005.