State ex rel. Wyoming Workers' Safety & Compensation Division v. Madeley

2006 WY 63, 134 P.3d 281, 2006 Wyo. LEXIS 67, 2006 WL 1358588
CourtWyoming Supreme Court
DecidedMay 19, 2006
DocketNo. 05-167
StatusPublished
Cited by4 cases

This text of 2006 WY 63 (State ex rel. Wyoming Workers' Safety & Compensation Division v. Madeley) 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. Wyoming Workers' Safety & Compensation Division v. Madeley, 2006 WY 63, 134 P.3d 281, 2006 Wyo. LEXIS 67, 2006 WL 1358588 (Wyo. 2006).

Opinions

GOLDEN, Justice.

[¶ 1] Robert Madeley (Madeley) suffered a compensable injury and was awarded temporary total disability benefits. After receiving a permanent partial impairment award, Madeley applied for permanent partial disability benefits based on loss of earning capacity. The Wyoming Workers’ Compensation Division (Division) denied benefits. After a contested case hearing, the denial of benefits was upheld. The district court, reviewing the case on the merits, reversed the hearing officer’s decision and awarded benefits. The Division now appeals to this Court. We find that the Order denying benefits is facially insufficient to permit ap[283]*283pellate review. We therefore reverse the district court’s decision and remand with directions to vacate the Order denying benefits. The district court is directed to remand the case for supplemental findings of fact and conclusions of law or other proceeding consistent with this opinion.

ISSUES

[¶ 2] The Division presents two issues for our review:

I. Whether the hearing examiner’s decision that Madeley failed to prove he is entitled to permanent partial disability benefits was arbitrary or eapricious[.]
II. Whether the hearing examiner’s decision that Madeley’s loss of earning capacity is attributable to a non-work related cardiac condition, and also due to economic factors, is in accordance with law[.]
FACTS

[¶ 3] On November 10, 1999,1 Madeley suffered a work-related injury to his back, arms and hands while employed as a carpenter through Jackson Temporary Services. In December 1999, Madeley underwent surgery for bilateral carpal tunnel release. He was released to full, unrestricted employment on June 7,2000.2

[¶4] In July 2000, Madeley reported to his treating physician that he was dropping objects. A functional capacity evaluation completed in September 2000 concluded that Madeley was capable of performing only light duty work. On February 2, 2001, Madeley was assessed with a 3% whole person permanent impairment and restricted from repetitive working above shoulder level, repetitive strong grasping, repetitive lifting-over 25 pounds and lifting greater than 50 pounds. Madeley disputed the 3% impairment rating and a second evaluation was conducted, which resulted in a 4% whole person impairment. In September 2001, Madeley received the 4% impairment benefit award. At some later time, Madeley submitted to the Division an Employment Plan which he had completed for the Utah Department of Workforce Services. The document indicated that he had recently worked as a flagger, but was no longer able to do flagging activities- because of a heart attack he suffered in September 2001.

[¶ 5] Madeley filed an application for permanent partial disability (PPD) benefits in March 2002. The Division issued a Final Determination denying Madeley’s application for PPD benefits on the grounds that Made-ley had not actively sought suitable employment and that his employment restrictions were due to his coronary condition, which was not compensable. Madeley objected to the denial of benefits, and a contested case hearing was held on May 12, 2003. Both parties presented evidence during the hearing. In an order issued on August 16, 2003, the hearing officer upheld the denial of PPD benefits. The hearing officer ultimately concluded that Madeley’s inability to retain employment was due to a non-compensable heart condition and the economic conditions in Teton County, Wyoming. Madeley appealed to the district court, which reviewed the hearing officer’s decision on the merits and reversed. This appeal by the Division followed.

STANDARD OF REVIEW

[¶ 6] When reviewing an administrative agency order, we review the case as if it came directly from the administrative agency, affording no deference to the district court’s decision. Hicks v. State ex rel. Wyoming Workers’ Safety and Comp. Div., 2005 WY 11, ¶ 16, 105 P.3d 462, 469 (Wyo.2005). The scope of our review of an administrative agency decision is governed by Wyo. Stat. Ann. § 16—3—114(c) (LexisNexis 2005), which provides: [284]*284of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of an agency action. In making the following determinations, the court shall review the whole record or those parts of it cited by a party and due account shall be taken of the rule of prejudicial error. The reviewing court shall:

[283]*283(c) To the extent necessary to make a decision and when presented, the reviewing court shall decide all relevant questions

[284]*284(i) Compel agency action unlawfully withheld or unreasonably delayed; and

(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;
(B) Contrary to constitutional right, power, privilege or immunity;
(C) In excess of statutory jurisdiction, authority or limitations or lacking statutory right;
(D) Without observance of procedure required by law; or
(E) Unsupported by substantial evidence in a case reviewed on the record of an agency hearing provided by statute.

[¶ 7] When both parties submit evidence in a contested case proceeding, we apply the substantial evidence test:

In reviewing findings of fact, we examine the entire record to determine whether there is substantial evidence to support an agency’s findings. If the agency’s decision is supported by substantial evidence, we cannot properly substitute our judgment for that of the agency and must uphold the findings on appeal. Substantial evidence is relevant evidence which a reasonable mind might accept in support of the agency’s conclusions. It is more than a scintilla of evidence.

Cramer v. State ex rel. Wyoming Workers’ Safety and Comp. Div., 2005 WY 124, ¶ 10, 120 P.3d 668, 671 (Wyo.2005); see also Newman v. State ex rel. Wyoming Workers’ Safety and Comp. Div., 2002 WY 91, ¶ 12, 49 P.3d 163, 168 (Wyo.2002).

[¶ 8] Even if sufficient evidence is found to support the agency’s decision under the substantial evidence test, this Court is also required to apply the arbitrary-and-capricious standard as a “safety net” to catch other agency action which might have violated the Wyoming Administrative Procedures Act. Decker v. Wyoming Medical Comm’n, 2005 WY 160, ¶ 24, 124 P.3d 686, 694 (Wyo.2005). “Under the umbrella of arbitrary and capricious actions would fall potential mistakes such as inconsistent or incomplete findings of fact or any violation of due process.” Id. (quoting Padilla v. State ex rel. Wyoming Workers’ Safety and Comp. Div., 2004 WY 10, ¶ 6, 84 P.3d 960, 962 (Wyo.2004)).

DISCUSSION

[¶ 9] The parties squabble over whether or not the hearing officer’s decision was supported by substantial evidence and was in accordance with law. We need not decide the merits of the parties’ arguments because we find that the hearing officer’s findings of fact and conclusions of law are insufficient to permit an adequate judicial review of the Order denying benefits.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Seherr-Thoss v. Seherr-Thoss
2006 WY 111 (Wyoming Supreme Court, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
2006 WY 63, 134 P.3d 281, 2006 Wyo. LEXIS 67, 2006 WL 1358588, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-wyoming-workers-safety-compensation-division-v-madeley-wyo-2006.