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

2004 WY 144, 100 P.3d 1244, 2004 Wyo. LEXIS 185, 2004 WL 2625012
CourtWyoming Supreme Court
DecidedNovember 19, 2004
DocketNo. 03-189
StatusPublished
Cited by1 cases

This text of 2004 WY 144 (State ex rel. Wyoming Workers' Safety & Compensation Division v. Parrish) 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. Parrish, 2004 WY 144, 100 P.3d 1244, 2004 Wyo. LEXIS 185, 2004 WL 2625012 (Wyo. 2004).

Opinions

LEHMAN, Justice.

[¶ 1] The Wyoming Workers’ Compensation Division (Division) appeals the decision [1246]*1246of the State of Wyoming, Office of Administrative Hearings (OAH), that Michael W. Parrish's cervical and lumbosacral spine problems are injuries occurring over a substantial period of time and caused by Parrish’s heavy lifting at Excal, Inc. Specifically, the Division argues that the decision of OAH is not supported by substantial evidence. Upon our review, we affirm.

ISSUES

[¶2] The Division presents these issues, with which Parrish does not disagree:

1. Was the Hearing Examiner’s Order Awarding Benefits supported by substantial evidence when the medical evidence establishes that the injury resulted from the Claimant’s work history prior to moving to Wyoming and working for Excal?
2. Did the Hearing Examiner err by failing to consider the evidence that indicated the Claimant developed symptoms following specific events, for which no timely claim was submitted?

FACTS

[¶ 3] Parrish has a long career in the foundry industry. In 1976-77, when he was about 18 years old, he was working in a machine factory as a general welder; no heavy lifting was involved. From 1977-90, Parrish worked at Acra-Cast Foundry in Los Angeles, California, where he was a general laborer, lifting up to 40 pounds hundreds to thousands of times a day. From 1979-83, still working at Acra-Cast, Parrish was washing and closing molds by hand. The molds were 15 to 30 inches off the floor and weighed from 25 to 150 pounds each. He performed this work 25 to 100 times a day. Parrish also washed sand and would carry 100-pound sand bags up a flight of stairs to the loader decks. He did this 2 to 3 times a week, lifting each month a total of 50,000 to 70,000 pounds. From 1983-90, still working at Acra-Cast, Parrish acted as the production manager, lifting pattern weights weighing from 50 to 125 pounds and walking with them a distance of about 150 feet. He also used ladle weights, weighing about 40 pounds, to dip aluminum out of the furnace and then walk with them a distance of about 150 feet to the molding line; he did this about 100 times a day for a year consistently. Parrish was further involved in welding large pump casts. This activity required moving by hand on the welding table and in the forklift forks cast weights weighing about 300 to 1000 pounds. He welded 200 pieces in a six-month time period. This work was done in addition to his normal work. From 1990-92, Parrish worked for Anderson Foundry, also in California. His work included heavy lifting; he worked with green sand molds and processed with a shovel about 15,000 to 20,000 pounds of sand a day. He also worked processing parts, lifting weights up to 150 pounds. From 1992 to April 1994, Parrish worked for Farm Bed Manufacturing in Idaho, as a general welder, often lifting up to 150 pounds.

[¶ 4] Parrish’s foundry work caused his body to be sore all over. This soreness spanned from 1977 until the last few years. He had pain and soreness in his arms and back. He knew the pain, stiffness, and soreness was caused by the heavy work in the foundry industry. Parrish did not seek any formal medical treatment with respect to such complaints.

[¶ 5] In April 1994, Parrish went to work for Excal, Inc., in Casper, Wyoming. From that date to the present, he has been production manager and quality manager and has moved patterns weighing 75 to 100 pounds and has sorted castings weighing up to 30 pounds, from a few to many thousands. In early to mid-December 1994, about eight months after starting work with Excal, Parrish saw Dr. Timothy Johans in Boise, Idaho, upon a referral by Dr. William W. Holyfield. According to Dr. Johans’ medical record, Parrish

was doing reasonably well until four months ago when insidiously he developed severe neck pain and subscapular pain which subsequently over the next week started to radiate all the way down his left arm into the thumb, index, and long fingers. It became increasingly severe, and he developed numbness about two months ago. He was seen and evaluated initially by Dr. Holyfield who recog[1247]*1247nized the radiculopathy and ordered an MRI scan which showed a large herniated nucleus pulposes at C6-7 on the left side. Dr. Holyfíeld recommended an anterior cervical diskectomy, and because the patient has family here in Boise and wanted the surgery done in Boise, Dr. Holyfield referred him to me[.]

(Emphasis added.) Dr. Johans performed the C6-7 diskectomy on December 15, 1994.

[¶ 6] Some years later when Parrish saw Dr. Celia Stenfors-Dacre on February 25, 2002, for an independent medical evaluation, upon a referral from Dr. Robert A. Narotz-ky, Dr. Stenfors-Dacre asked Parrish about his medical history. Dr. Stenfors-Dacre’s report states in pertinent part that Parrish, at the time of the independent medical evaluation, “presents with cervical and lumbosa-cral back pain.” Then, Dr. Stenfors-Dacre’s report reads:

[Parrish] reports his symptoms began in approximately 1994. Prior to that he had no cervical or lumbosacral back pain, no history of injury to either area.... His symptoms began suddenly....

(Emphasis added.) During Dr. Stenfors-Da-cre’s deposition, on September 24, 2002, she was asked if Parrish’s 1994 complaints were entirely cervical. She testified:

[Dr. Stenfors-Dacre]: No, he reported to me he had both cervical and lumbosacral, that it wasn’t specifically one more than the other, because I do recall asking him that. And I don’t know that I documented that, but he reported that the cervical area under Evaluation [sic] was more painful at the time and that’s why it was addressed and then subsequently operated upon.
Q. So as early as 1994 he had symptoms in both the cervical and lumbar spine he reported to you?
A. Yes, that’s correct.

Shortly after this testimony, the following exchange occurred (emphasis added):

[Q.] Now, if he’s starting to develop symptoms in 1994, then is it your opinion that the damage has been done to the structures of that back by the nature of the heavy lifting and the repetitiveness of that lifting by 1994?
A. I would agree that would be correct.
Q. And once this condition — I mean, is this like an injury inside of the back to the structures of the back which starts this process of the back kind of degenerating?
A. Yes, that would be correct. It can involve both the disks between the vertebral bodies as well as the vertebral bodies themselves.
Q. Did it appear to be in his case that most of the degeneration was occurring in the disk structures?
A. Yes, particularly in the — well, actually yes, both in the cervical and lumbosacral region it seemed to be more of a disk issue.
Q. And those disks form the tissues between the hard bony vertebraes, correct?
A. That is correct.
Q. And as we move and age, those disks are subjected to wear and tear; is that correct?
A. That is correct, even without the heavy lifting that does occur.

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
2004 WY 144, 100 P.3d 1244, 2004 Wyo. LEXIS 185, 2004 WL 2625012, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-wyoming-workers-safety-compensation-division-v-parrish-wyo-2004.