Worker's Compensation Claim of Bruns v. TW Services, Inc.

2001 WY 127, 36 P.3d 608, 2001 Wyo. LEXIS 158, 2001 WL 1591426
CourtWyoming Supreme Court
DecidedDecember 14, 2001
Docket00-292
StatusPublished
Cited by18 cases

This text of 2001 WY 127 (Worker's Compensation Claim of Bruns v. TW Services, Inc.) 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
Worker's Compensation Claim of Bruns v. TW Services, Inc., 2001 WY 127, 36 P.3d 608, 2001 Wyo. LEXIS 158, 2001 WL 1591426 (Wyo. 2001).

Opinion

KITE, Justice.

[11] Appellant Richard Bruns applied for worker's compensation benefits alleging he suffered a heart attack caused by his work as a middle porter at Mammoth Hot Springs in Yellowstone National Park. 1 The Division of Workers' Safety and Compensation (division) denied the claim. On appeal, the Office of Administrative Hearings (OAH) denied the claim on two grounds: (1) the claimant failed to establish his heart condition met the statutory requirements of Wyo. Stat. Ann. § 27-14-608(b) (LexisNexis 2001), 2 and (2) the claimant failed to establish a compensable work-related injury. The district court certified the petition for review to this court. We affirm the OAH's denial of benefits.

ISSUES

[T2] Mr. Bruns presents these issues:

I. Whether, despite the law of the case, the Office of Administrative Hearings committed an error of law in concluding that the Workers' Compensation Division had not waived its objections to the compensa-bility of Appellant's coronary condition under Wyo. Stat. § 27-14-608(b) by its failure to state this objection in its Final Determination of his claim.
II. Whether the conclusion of the Office of Administrative Hearings that the Appellant's myocardial infarction was the *611 result of a pre-existing condition was supported by substantial evidence.

Appellee TW Services, Inc. frames the issues in the following manner:

1. Was the decision of the Office of Administrative Hearings, in applying the provisions of W.S. § 27-14-603(b) proper under the cireumstances of this case?
2. Irrespective of the application of W.S. $ 27-14-608(b), was the decision of the Office of Administrative Hearings in denying benefits to Appellant supported by substantial evidence?

Appellee State ex rel. Wyoming Workers' Safety and Compensation Division restates the issues:

I. Did the Hearing Examiner correctly conclude that Wyo. Stat. Ann. § 27-14-603(b) is applicable to Appellant's case?
II. Did the Hearing Examiner correctly conclude, pursuant to Wyo. Stat. Ann. § 27-14-603(b), that Appellant failed to prove every element of his claim?
III. Was the Hearing Examiner's finding that Appellant's myocardial infarction was the result of a pre-existing condition supported by substantial evidence?

FACTS

[13] During the winter season of 1995-96, Mr. Bruns was employed by TW Services as a middle porter at its Mammoth Hot Springs facility in Yellowstone National Park. Part of his duties included cleaning four outdoor hot tubs onee an hour when the tubs had been used during the preceding hour. This cleaning entailed reaching over the edge of the hot tub to the inside tub edge with the arm extended at approximately shoulder level and lightly serubbing or wiping the seum line with a sponge. The evening temperatures at this time of year averaged around zero degrees Fahrenheit, and the tub water temperatures were approximately 102 degrees Fahrenheit.

[T4] On the night of January 5, 1996, at about eleven o'clock in the evening, Mr. Bruns, who was fifty-one years of age, was cleaning the hot tubs when he experienced roughly six minutes of pain in his chest, wrist, and the right side of his jaw. After the pain subsided, he completed his work shift and went home.

[15] At six o'clock the next morning, Mr. Bruns was awakened by chest and jaw pain similar to the pain he had experienced the night before. He called an ambulance for transport to Livingston Memorial Hospital, where the emergency room physician, Dennis Noteboom, M.D., diagnosed an acute anterior myocardial infarction. In the history-and-physical-exam documentation, Dr. Noteboom noted Mr. Bruns was a periodic smoker and had a brother who died at the age of fifty due to a massive heart attack. Mr. Bruns was transferred to Deaconess Medical Center in Billings, Montana, for further evaluation by two cardiologists. These physicians conducted a cardiac catheterization with bilateral coronary angiography and placement of stents. Through this process, it was determined that Mr. Bruns had an eighty percent occlusion or blockage of the right coronary artery and a ninety-eight percent occlusion of the left anterior descending coronary artery.

[16] On January 25, 1996, Mr. Bruns filed a report of injury with the division. In this report, he described his injury in the following manner: "I WAS DOING HOT TUB LATE AT NIGHT AND THE TEMPERATURE WAS VERY LOW. I WENT INTO THE ROOM & PAINS WENT THROUGH THE ARMS & CHEST." In the employer section of the form, TW Services described the injury as: "Employee experienced a heart attack 1/6/96 (off duty). He was experiencing pains while working here and feels the cold temperature contributed." In the same report, TW Services objected to the claim stating, "1) No injury occurred while working. 2) No causal connection between the condition under which work was performed and [Mr. Bruns'] cardiac condition. 3) Stress claimed is not clearly unusual to or abnormal for employees in this position [middle porter|-No causative exertion."

[17] The division issued a final determination denying the claim for benefits on February 28, 1996. The stated reasons were, "The employer has objected to this injury for the reason that the injury did not occur at *612 work. The Division is also objecting to this claim due to the fact that your coronary condition is hereditary and pre-existing." Objections to the determination were required to be filed by "affected parties" before March 25, 1996. Mr. Bruns timely filed an objection, but TW Services did not.

[T8] The appeal was referred to the medical commission for hearing. The certified record filed with this court does not contain any of the medical commission's documentation. However, based on their briefs, the parties are in agreement that the medical commission heard the appeal and benefits were again denied. Mr. Bruns appealed the medical commission's denial, and the district court ultimately 3 held:

1. The Medical Commission Hearing Panel did not have subject matter jurisdiction over this claim; consequently, its decision was void ab initio;
2. The procedure followed in this case pursuant to Wyo. Stat. § 27-14-616 resulted in unconstitutional violations of due process rights by depriving the Employee Claimant of his fundamental substantive right to a fair and impartial hearing; and,
3. The Division of Workers' Safety and Compensation waived any objection to the compensability of the Employee Claimant's coronary condition pursuant to Wyo. Stat. § 27-14-603(b) by failing to state this objection in its Final Determination Letter.

The district court's order remanded the claim for a rehearing by the OAH on the objections stated in the notice of final determination. No appeal was taken from this final January 11, 2000, order.

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2001 WY 127, 36 P.3d 608, 2001 Wyo. LEXIS 158, 2001 WL 1591426, Counsel Stack Legal Research, https://law.counselstack.com/opinion/workers-compensation-claim-of-bruns-v-tw-services-inc-wyo-2001.