Walsh v. Holly Sugar Corp.

931 P.2d 241, 1997 Wyo. LEXIS 16, 1997 WL 24793
CourtWyoming Supreme Court
DecidedJanuary 24, 1997
Docket96-71
StatusPublished
Cited by15 cases

This text of 931 P.2d 241 (Walsh v. Holly Sugar Corp.) 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
Walsh v. Holly Sugar Corp., 931 P.2d 241, 1997 Wyo. LEXIS 16, 1997 WL 24793 (Wyo. 1997).

Opinion

GRANT, District Judge.

Appellant asks this court to review the decision of the administrative hearing examiner finding for the respondent at the close of claimant’s evidence pursuant to W.R.C.P. 52(c). The hearing examiner ruled that claimant had failed to carry his burden of proof that the condition for which benefits were sought was directly related to appellant’s original injury pursuant to Wyo. Stat. § 27-14-605(e)(ii) (1991). An examination of the record reveals that appellant’s evidence did indeed fall short of the proof required to make a prima facie ease of entitlement to benefits. Affirmed.

I.ISSUES

Appellant, Walter T. Walsh (Walsh), states the issues as follows:

1. Did Appellant present substantial evidence for entitlement to medical benefits pursuant to the Wyoming Workers’ Compensation Act and under the “second compensable injury rule?”
2. Did Appellees’ evidence not amount to “substantial evidence” in conflict with Appellant’s substantial evidence supporting entitlement to medical benefits!?]
3. Is an administrative hearing examiner in a contested workers’ compensation ease, restricted when applying Rule 52(c) W.R.C.P., at the conclusion of a claimant’s case, to testing the claimant’s evidence only, and by the standards of a demurrer to claimant’s evidence?
4. Did the hearing examiner violate Appellant’s procedural rights by weighing evidence and resolving apparent evi-dentiary conflicts in the context of deciding a Rule 52(c) W.R.C.P. motion!?]
5. Did the hearing examiner violate Appellant’s procedural rights when he considered the evidence of Appellees, in granting Appellees’ Rule 52(c) motion before Appellees rested then-case?
6. Was the action by the examiner in the denial of medical benefits to Appellant done arbitrarily and without observance of procedure required by law?

Appellee, Holly Sugar Corporation (Holly Sugar), provides the following issues:

1. Was the hearing examiner’s dismissal on the merits in accordance with law and supported by substantial evidence?
2. Was the hearing examiner’s grant of a Rule 52(c) motion to dismiss procedurally proper?

Appellee, State ex rel. Wyoming Workers’ Compensation Division (Division), asserts their issues:

A Whether the Office of Administrative Hearings properly entered judgment against Claimant under Rule 52(c) of the Wyoming Rules of Civil Procedure after the moving party had presented a witness and after weighing the evidence and resolving conflicts in that evidence.
B. Whether the Office of Administrative Hearings’ order was otherwise in accordance with law and supported by substantial evidence.

II. FACTS

Walsh was hospitalized in 1984 for treatment of low back pain of unknown origin. In *243 September 1989, Walsh suffered a compensa-ble injury to his lower back while working for Holly Sugar. Walsh received medical and disability worker’s compensation benefits. He left the employ of Holly Sugar in January of 1990. In August 1998, Walsh sought treatment for low back and left leg pain after working at his small farm baling hay. Walsh claimed benefits under Wyo. Stat. § 27-14-605 contending that his back pain was a “second injury” which arose out of and in the course of his employment with Holly Sugar.

The Division determined that the 1993 injury resulted from Walsh’s custom haying and related activities after he left the employ of Holly Sugar and the claim was referred to the Office of Administrative Hearings. The hearing examiner granted Holly Sugar’s W.R.C.P. 52(c) motion to dismiss. The district court affirmed the hearing examiner’s ruling and Walsh appeals from that order.

III. STANDARD OF REVIEW

We review an administrative agency’s contested case decision pursuant to W.R.A.P. 12.09 and Wyo. Stat. § 16-3-114(c) (1990). Wyo. Stat. § 16—3—114(c)(ii) mandates that we:

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;
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(E) Unsupported by substantial evidence[.]

We accord no special deference to the conclusions of the district court, instead reviewing the action as if it came to us directly from the agency. Martinez v. State ex rel. Wyoming Workers’ Compensation Div., 917 P.2d 619, 621 (Wyo.1996). If the agency’s conclusions of law are correct, its decision will be affirmed. Id. If the agency has not invoked and applied the correct rule of law, we correct it. Id.

IV. DISCUSSION

A claimant of worker’s compensation benefits carries the burden of proving all essential elements of his claim by a preponderance of the evidence. Matter of Corman, 909 P.2d 966, 968 (Wyo.1996); Gilstrap v. State ex rel. Wyoming Workers’ Compensation Div., 875 P.2d 1272, 1273 (Wyo.1994). The second compensable injury rule recognizes that a work accident may give rise to more than one compensable injury. Casper Oil Co. v. Evenson, 888 P.2d 221, 225 (Wyo.1995); Matter of Krause, 803 P.2d 81, 82 (Wyo.1990). Under this rule, the claimant must prove by a preponderance of the evidence that the injury for which he is seeking benefits resulted from his prior work accident. Matter of Krause, 803 P.2d at 82-83. A claimant must prove that his work accident, not a pre-existing condition, caused the condition. Matter of Claim of Fortier, 910 P.2d 1356, 1358 (Wyo.1996); Matter of Corman, 909 P.2d at 970; State ex rel. Wyoming Worker’s Compensation Div. v. White, 837 P.2d 1095, 1099 (Wyo.1992); Herring v. Welltech, Inc., 660 P.2d 361, 366 (Wyo.1983); Black Watch Farms v. Baldwin, 474 P.2d 297, 299-300 (Wyo.1970).

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Bluebook (online)
931 P.2d 241, 1997 Wyo. LEXIS 16, 1997 WL 24793, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walsh-v-holly-sugar-corp-wyo-1997.