Wayman v. J & S Petroleum, Inc.

706 N.E.2d 1107, 1999 Ind. App. LEXIS 364, 1999 WL 126769
CourtIndiana Court of Appeals
DecidedMarch 11, 1999
DocketNo. 93A02-9810-EX-803
StatusPublished
Cited by1 cases

This text of 706 N.E.2d 1107 (Wayman v. J & S Petroleum, Inc.) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wayman v. J & S Petroleum, Inc., 706 N.E.2d 1107, 1999 Ind. App. LEXIS 364, 1999 WL 126769 (Ind. Ct. App. 1999).

Opinion

OPINION

RILEY, Judge

STATEMENT OF THE CASE

Plaintiff-Appellant Robert Wayman (Way-man) appeals from the ruling of the Full Worker’s Compensation Board which denied him compensation benefits following his 1992 work related injury. Wayman was injured while acting within the scope of his employment with Defendant-Appellee J & S Petroleum, Inc. (J & S).

We reverse and remand for rehearing and further findings.

ISSUE

Wayman presents two issues for our review which we consolidate as follows: Whether the Full Worker’s Compensation Board entered findings sufficient to comply with this court’s previous mandate and whether those findings are sufficient to enable effective review of the issues.

FACTS AND PROCEDURAL HISTORY

This is the second time this cause has been appealed. In April of 1992, Wayman was injured on the job during his employment as a fuel and farm delivery truck driver for J ,& S Petroleum. As Wayman was loading, a 120 pound barrel onto his truck, he felt something “give way” in his left arm. Wayman notified his employer, and his employer contacted its worker’s compensation insurance carrier.

Wayman was referred to Dr. Rick Sasso and was diagnosed with a herniated disc between cervical vertebrae 5 and 6. Based upon Dr. Sasso’s recommendation, Wayman underwent surgery in September of 1992. The protruding disc was removed, and the vertebrae were fused. By agreement, Way-man received temporary total disability benefits from J & S beginning on September 29, 1992, and continuing until December 13, 1992. Wayman was released from medical care in December of 1992, and he returned to work at that time.

[1108]*1108The parties also entered into a supplemental compensation agreement whereby Way-man received a lump sum payment of $5,000 from J & S. This compensation was based upon Dr. Sasso’s assessment of Wayman’s impairment level as “whole person permanent partial impairment.” Wayman accepted this lump sum payment and continued working for J & S without restrictions until March of 1993, when J & S sold its business to Farm Bureau Co-op. Wayman was subsequently discharged by Farm Bureau due to the elimination of his truck route.

After several months of successful rehabilitation, Wayman began experiencing pain and weakness in his left arm and shoulder. There is disagreement among the parties as to whether Wayman reported these new symptoms to his employer. In May of 1993, Wayman saw Dr. Sasso for further diagnosis and treatment. Upon Dr. Sasso’s advice, Wayman underwent an MRI. The test revealed two additional herniated discs at cervical vertebrae 3 and 4. Dr. Sasso’s notes indicate that these new disc herniations were not present at the time of the initial MRI in 1992.

After eventually losing all strength in his arm, Wayman filed for adjustment of his worker’s compensation claim in June of 1993. A hearing was held before a single hearing judge in December of 1996. The hearing judge issued findings of fact and concluded in Wayman’s favor as follows:

The evidence presented here indicates that plaintiffs additional disk herniations were either undiagnosed in 1992 or caused by his physical therapy or work activities. Plaintiffs credibility and the absence of any other identifiable cause are factors supporting his claim. He is entitled to the surgery recommended by Dr. Sasso and any appropriate benefits allowed by the Worker’s Compensation Act.
Said hearing judge now finds for the plaintiff and against the defendant on plaintiffs Application for Adjustment of Claim filed June 25,1993.

(Record, 11).1 The hearing judge’s award in favor of Wayman stated that Wayman was entitled to receive the recommended surgery and appropriate temporary total disability until terminated in accordance with the Indiana Worker’s Compensation Act.

On January 2,1997, J & S filed an Application for Review by the Full Worker’s Compensation Board. A hearing was held before the Full Board in October of 1997, and the award in favor of Wayman was reversed. Specifically, the one-page order stated in cursory fashion that the “Single Hearing Judge’s decision should be reversed; [and] that plaintiff take nothing by her (sic) Application for Benefits filed June 25, 1993.” (Record, 17). Wayman appealed to this court, and on May 4, 1998, we issued an opinion reversing and remanding the case to the Full Board with instructions for the Board to “enter specific findings of fact upon which the award is based.” Wayman v. J & S Petroleum, 694 N.E.2d 767, 770 (Ind.Ct.App.1998).

On September 14, 1998, the Full Board issued an order generally summarizing the facts and procedural history of the case. The Board added a few short paragraphs with regard to Wayman’s new injury and then re-affirmed its order reversing the decision of the single hearing judge. In sum, the Board held that “the Plaintiff shall take nothing by his Application for Adjustment of Claim filed June 25, 1993.” (Post-Remand Record, 16). Wayman appeals from this award.

DISCUSSION AND DECISION

Wayman contends that the Full Board’s decision continues to lack the requisite specificity to comply with this court’s previous mandate or to enable meaningful appellate review. We agree. Ind.Code § 22-3-4-7 provides as follows:

If an application for review is made to the board within thirty (30) days from the date of the award made by less than all the members, the full board, if the first hear[1109]*1109ing was not held before the full board, shall review the evidence, or, if deemed advisable, hear the parties at issue, their representatives, and witnesses as soon as practicable and shall make an award and file the same with the finding of facts on which it is based and send a copy thereof to each of the parties in dispute, in like manner as specified in section 6 of this chapter.

This court and the Indiana Supreme Court has repeatedly held that “[a]n administrative agency must in all cases set out written findings of fact in support of its decision so that an appellate court may intelligently review the decision without speculating as to the agency’s rationale.” Jackson v. Cigna/Ford Electronics and Refrigeration Corp., 677 N.E.2d 1098, 1102 (Ind.Ct.App.1997); Perez v. United States Steel Corp., 426 N.E.2d 29, 31 (Ind.1981); K-Mart Corp. v. Morrison, 609 N.E.2d 17, 31-32 (Ind.Ct.App.1993). In K-Mart, we succinctly stated that our insistence on compliance with the specific findings requirement “is not predicated on esoteric legal technicalities or the rote imposition of statutory provisions.” K-Mart, 609 N.E.2d at 31-32. Rather, we said that “specific findings of fact are essential to an effective system of administrative law.” Id.

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706 N.E.2d 1107, 1999 Ind. App. LEXIS 364, 1999 WL 126769, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wayman-v-j-s-petroleum-inc-indctapp-1999.