STATE EX REL. WORKERS'COMP. v. Waggener

946 P.2d 808
CourtWyoming Supreme Court
DecidedOctober 28, 1997
Docket96-332, 96-333
StatusPublished

This text of 946 P.2d 808 (STATE EX REL. WORKERS'COMP. v. Waggener) 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
STATE EX REL. WORKERS'COMP. v. Waggener, 946 P.2d 808 (Wyo. 1997).

Opinion

946 P.2d 808 (1997)

In the Matter of the Worker's Compensation Claim of STATE of Wyoming ex rel. WYOMING WORKERS' COMPENSATION DIVISION, Appellant (Objector/Defendant),
v.
Lloyd Nelson WAGGENER, Appellee (Employee/Claimant).
In the Matter of the Worker's Compensation Claim of D & S CASING SERVICE, INC., Appellant (Employer/Objector),
v.
Lloyd Nelson WAGGENER, Appellee (Employee/Claimant).

Nos. 96-332, 96-333.

Supreme Court of Wyoming.

October 28, 1997.

*809 William U. Hill, Attorney General; John W. Renneisen, Deputy Attorney General; Gerald W. Laska, Senior Assistant Attorney General; and Bernard P. Haggerty, Assistant Attorney General, for appellant State.

John M. Daly of Daly Law Associates, P.C., Gillette, for appellant D & S Casing Service.

Jeremy D. Michaels of Michaels & Michaels, Gillette, for appellee.

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

MACY, Justice.

Appellants State of Wyoming (the State), on behalf of the Wyoming Workers' Compensation Division, and D & S Casing Service, Inc. (the employer) appeal from the district court's order which affirmed the hearing examiner's decision to award medical benefits to Appellee Lloyd Nelson Waggener (the claimant).

We affirm.

ISSUES

The State presents the following issues for our review:

A. Whether the Hearing Examiner's decision to permit the Claimant to reopen his case and present new medical evidence after all parties had rested their cases was arbitrary, capricious, an abuse of discretion, and contrary to law.
B. Whether the Hearing Examiner's finding that the Claimant met his burden of proof pursuant to Wyo. Stat. § 27-14-603(a) (1991) was unsupported by substantial evidence.

*810 The employer also presents a substantial evidence issue:

Was the Hearing Examiner's decision supported by substantial evidence?

FACTS

The claimant began working for the employer in Gillette in December of 1991. In July of 1992, the employer sent him to Rock Springs to open a branch office. Although the claimant worked five days a week while he was in Gillette, once he got to Rock Springs, he worked ten to twelve days at a time, and the days were longer than the ones he worked in Gillette. He had to drive a lot and was on call at night. He initially stayed in his own motel room in Rock Springs, but in October the employer required that he and the other employees move into the employer's doublewide trailer. At times, seven or eight employees, along with several children, were living in the trailer, and privacy was difficult to achieve.

The claimant traveled to Gillette on Christmas eve with his son, who also worked for the employer. During this trip, the claimant told his son that he was not happy with the living conditions and that he was not satisfied with his job. He said that he might not be working for the company much longer and that he was going to talk to the employer about the situation. When the claimant arrived at his home, he unloaded his personal items and tool boxes from the company pickup. The claimant subsequently met with the employer, and, during that meeting, he suffered a ruptured brain aneurysm.

The claimant's wife filed an injury report in January of 1993, indicating that the claimant suffered a brain aneurysm while he was working as a sales representative for the employer. The injury report stated: "Lloyd has been under a great deal of work stress. During a meeting to discuss problems with his emplo[y]er, he suffered an aneurysm." The employer objected, claiming: "[The claimant] was sitting in a chair visiting. He drove to [Gillette] from [Rock Springs] that day was all he did[.] He did no physical labor[;] he had been back in [Gillette] over 2 [hours] when he stopped by to visit."

The claim was referred to the Office of Administrative Hearings, and on March 8, 1993, the hearing examiner issued an order which set a hearing date of June 3, 1993, and required the parties to submit disclosure statements. The order also invited the parties to brief issues of law in their disclosure statements and encouraged the parties to submit response briefs prior to the hearing.

During the morning of May 18, 1993, the State deposed Lee Krauth, M.D., the neurosurgeon who performed the claimant's surgery. Dr. Krauth was examined extensively with regard to what he believed had caused the claimant's aneurysm to rupture. Generally, Dr. Krauth testified that, from the history he had received, he understood that the claimant was under a lot of stress. He thought that the heated argument which the claimant supposedly had with his employer precipitously increased his blood pressure and that the abrupt increase in his blood pressure caused the aneurysm to rupture. When he was asked whether aneurysms ever spontaneously rupture without an identifiable precipitating event being present, Dr. Krauth responded that they do but not frequently. He further indicated that he based his opinion with regard to the rupture being work-related on his understanding that the claimant had argued with his employer while he was on the job.

During the afternoon of May 18, 1993, the State deposed Roger Williams, M.D., the neurologist who treated the claimant before he went to Dr. Krauth for surgery. Dr. Williams testified that high blood pressure, smoking, and alcohol use are factors which could increase the risk of an aneurysm bursting. He cited various medical journal articles to support his testimony. During the cross-examination, Dr. Williams testified that it was possible for a specific precipitating event to be associated with the rupture of an aneurysm but that "it's trivial and almost nonsensical to discuss it."

The claimant filed his disclosure statement on May 20, 1993, in which he objected to scientific evidence being considered that was not supported by an appropriate learned treatise. The employer and the State also submitted disclosure statements, and, although *811 they listed Dr. Williams's deposition as an exhibit, they did not list the medical journal articles that the doctor had referred to. On June 2, 1993, however, the employer filed a memorandum of law which discussed the four medical journal articles that Dr. Williams cited in his deposition. Copies of the articles were attached to the memorandum. The employer delivered the memorandum, along with the copies of the articles, to the claimant's counsel's office after business hours on June 2nd.

The contested case hearing commenced on the morning of June 3, 1993. The hearing examiner mentioned that he had read the medical journal articles which were attached to the employer's memorandum and that he had received the memorandum after five o'clock on the previous night. The claimant's counsel objected to the articles, stating that he left his office at five o'clock the night before and had not seen the employer's memorandum or the attached articles. He maintained that, as a result, he was "completely unprepared to rebut at this junction. If the [hearing examiner is] going to consider it, I would ask for a continuance to do research." The hearing examiner responded: "[T]his case will be taken under advisement in any event, and I will give you an opportunity to file whatever you want in response or to renew your objection to consideration of those or to, if you feel you need to offer additional evidence to rebut or to respond to those, I will consider that."

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Bluebook (online)
946 P.2d 808, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-workerscomp-v-waggener-wyo-1997.