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

2007 WY 65, 156 P.3d 977, 2007 Wyo. LEXIS 71, 2007 WL 1201590
CourtWyoming Supreme Court
DecidedApril 25, 2007
Docket06-198
StatusPublished
Cited by26 cases

This text of 2007 WY 65 (State Ex Rel. Wyoming Workers' Safety & Compensation Division v. Slaymaker) 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. Slaymaker, 2007 WY 65, 156 P.3d 977, 2007 Wyo. LEXIS 71, 2007 WL 1201590 (Wyo. 2007).

Opinion

KITE, Justice.

[11] Mr. Slaymaker injured his back at work, but the Worker's Compensation Divi-gion (Division) denied benefits because it concluded his injuries were pre-existing. After a contested case hearing, the Office of Administrative Hearings (the OAH) granted benefits for a torn muscle and ligament damage in Mr. Slaymaker's lower back, but denied benefits for his pre-existing bulging discs, annular tears and facet arthropathy. The district court reversed the OAH decision, concluding Mr. Slaymaker had proven his pre-existing back condition was materially aggravated by the work-related accident.

[12] On appeal, we conclude the record contains uncontroverted evidence that Mr. Slaymaker's pre-existing condition was materially aggravated by his work-related injury and the OAH's finding to the contrary is not supported by substantial evidence. Furthermore, the OAH's conclusion that Mr. Slay-maker did not meet his burden of proof was arbitrary and capricious. 1 Consequently, we affirm the district court's decision reversing the OAH's denial of benefits for aggravation of Mr. Slaymaker's pre-existing condition.

ISSUES

[13] The Division phrases the appellate issue as:

Whether the Office of Administrative Hearings] decision awarding benefits for an acute injury but denying benefits for a *980 preexisting injury is supported by substantial evidence?

Mr. Slaymaker generally agrees with the Division's statement of the issue, but also adds a second issue:

Did the hearing examiner err as a matter of law when he concluded that Mr. Slaymaker's treating physician failed to adequately support his case?

FACTS

[T4] Mr. Slaymaker was employed by Union Telephone Company (Union) as a heating and air conditioning technician. On May 29, 2008, he traveled to a remote cell phone tower near Smoot, Wyoming to service equipment located at the site. The tower site could not be accessed by passenger vehicle, so Mr. Slaymaker used a four-wheel all-terrain vehicle (ATV) to travel from the road to the site. He transported the ATV using a trailer pulled behind a pickup truck.

[T5] Mr. Slaymaker completed his work at the site and returned to the pickup truck. He loaded the ATV on the trailer, secured it with tie-down straps and proceeded to drive down the mountain road. As he drove, Mr. Slaymaker noticed one of the tie-down straps had broken, allowing the ATV to roll forward and lodge between the trailer and the pickup truck. Mr. Slaymaker attempted to push the ATV, which weighed approximately 400 pounds, back on the trailer when it slipped and crushed him against the truck.

[16] After Mr. Slaymaker repositioned and secured the ATV, he called another Union employee and told him what had happened. The next day, which was a Friday, Mr. Slaymaker was stiff and suffering from an aching back. He reported the injury to his supervisor and filed a worker's compensation claim. The next Monday, June 1, 2003, Mr. Slaymaker drove to Colorado to work at another site. When he returned home that evening, he was in a great deal of pain and his wife had to assist him out of the truck. Mr. Slaymaker sought medical treatment for his lower back pain, but the treatment was not successful and he has not been able to return to work since June 1, 2008.

[T7] The Division denied Mr. Slaymaker's request for worker's compensation benefits because he suffered from a pre-existing condition in his lower back. Mr. Slaymaker objected to the Division's final determination, and a hearing examiner for the OAH conducted a contested case hearing. The hearing examiner awarded benefits for treatment of a torn muscle and ligament damage in Mr. Slaymaker's Iumbar spine, but denied benefits for treatment of bulging discs, annular tears and facet arthropathy (a degenerative condition), finding those conditions were preexisting and had not been materially aggravated by the May 2008 injury.

[T8] Mr. Slaymaker filed a petition for review of the OAH decision. The district court reversed the OAH decision, ruling the agency's "conclusion that Mr. Slaymaker[] did not meet his burden of proving that his preexisting condition was aggravated by work conditions was arbitrary and capricious, an abuse of discretion and not in accordance with the law." The Division appealed to this Court.

STANDARD OF REVIEW

[19] "'When considering an appeal from a district court's review of agency action, we accord no special deference to the district court's conclusions. Instead, we review the case as if it had come directly to us from the administrative agency"" Newman v. State ex. rel Wyo. Workers' Safety and Comp. Div., 2002 WY 91, 17, 49 P.3d 163, 166 (Wyo.2002) quoting French v. Amax Coal West, 960 P.2d 1023, 1027 (Wyo.1998) (citation omitted).

[110] Upon appeal from a contested case hearing where both parties have presented evidence, we apply the substantial evidence standard to review the agency's findings of fact. Robbins v. State ex rel. Wyo. Workers' Safety & Comp. Div., 2003 WY 29, ¶ 18, 64 P.3d 729, 732 (Wyo.2003). Substantial evidence is more than a scintilla of evidence. It consists of relevant evidence a reasonable mind might accept in support of the agency's conclusions. Id.

[111] When the agency concludes the claimant did not meet his burden of *981 proof, we apply the arbitrary and capricious standard of review. Boyce v. State ex rel. Wyo. Workers' Safety & Comp. Div., 2005 WY 9, 16, 105 P.3d 451, 454 (Wyo.2005).

Under the arbitrary, capricious and abuse of discretion standard, we are charged with examining the entire record. In our examination and review of a hearing examiner's determination, we defer to the hearing examiner's findings of fact. We will examine conflicting and contradictory evidence to see if the hearing examiner reasonably could have made its findings based on all the evidence before it. The findings of fact may include determinations of witness credibility, as the hearing examiner is charged with determining the credibility of the witnesses. In our review, we will not overturn the hearing examiner's determinations regarding witness credibility unless they are clearly contrary to the overwhelming weight of the evidence.

Brees v. Gulley Enters., Inc., 6 P.3d 128, 182 (Wyo0.2000) (citations omitted).

[112] An administrative agency's conclusions of law are not entitled to the same deference as its factual findings. We review an agency's conclusions of law de movo, and " [wile will affirm an agency's legal conclusion only if it is in accordance with the law.)" Diamond B Servs., Inc. v. Rohde, 2005 WY 130, 112, 120 P.3d 10831, 1088 (Wyo. 2005), quoting DC Prod. Serv. v. Wyo. Dep't of Employment, 2002 WY 142, 17, 54 P.3d 768, TTL (Wyo.2002).

DISCUSSION

[1183] A worker's compensation claimant has the burden of proving all of the essential elements of his claim by a preponderance of the evidence. Sanches v. State ex. rel. Wyo. Workers' Safety & Comp.

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2007 WY 65, 156 P.3d 977, 2007 Wyo. LEXIS 71, 2007 WL 1201590, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-wyoming-workers-safety-compensation-division-v-slaymaker-wyo-2007.