Worker's Compensation Claim of Cramer v. State ex rel. Wyoming Workers' Safety & Compensation Division

2005 WY 124, 120 P.3d 668, 2005 Wyo. LEXIS 150, 2005 WL 2372024
CourtWyoming Supreme Court
DecidedSeptember 28, 2005
DocketNo. 04-217
StatusPublished
Cited by10 cases

This text of 2005 WY 124 (Worker's Compensation Claim of Cramer v. State ex rel. Wyoming Workers' Safety & Compensation Division) 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 Cramer v. State ex rel. Wyoming Workers' Safety & Compensation Division, 2005 WY 124, 120 P.3d 668, 2005 Wyo. LEXIS 150, 2005 WL 2372024 (Wyo. 2005).

Opinion

GOLDEN, Justice.

[T1] Brett Cramer alleges that he suffered a cervical spine injury out of and in the course of his employment with Weld Test & Inspection. The Wyoming Workers' Compensation Division (Division) denied Cram-er's claim for benefits, and Cramer objected. After a contested case hearing, the Office of Administrative Hearings (OAH) also denied his claim, finding Cramer did not meet his burden of proving that the injury occurred while in the course and scope of his employment. Cramer appealed to the district court, which affirmed the denial of benefits, and he now appeals to this Court. We affirm.

ISSUES

[12] Cramer presents two issues for our review:

1. Was the decision of the OAH contrary to the record, and unsupported by substantial evidence?
2. Was the decision of the OAH arbitrary, capricious, or an abuse of discretion?

FACTS

[13] On October 18, 2002, Cramer was employed as a weld inspector by Weld Test & Inspection. While performing an inspection at a mine site near Gillette, Wyoming, Cramer fell from a ladder and fractured the heel in his left foot. He was treated by Dr. Bryan Den Hartog of the Black Hills Orthopedic & Spine Center, P.C., in Rapid City, South Dakota, on October 28, 2002, and taken off work due to his fractured foot. Cram-er submitted a Report of Injury, listing only the injury to his foot. On November 1, 2002, the Division determined Cramer's foot injury was compensable and his claims for medical care and temporary total disability were paid by the Division.

[T4] Cramer continued to seek treatment from Dr. Hartog for his foot injury until [670]*670April 9, 2003. On that occasion, Cramer also sought treatment for left knee pain that he claimed was related to the October 18, 2002, work accident. Examination of the knee revealed a calcified nodule on the medial aspect of the patella, which Dr. Hartog noted would "be somewhat of a problem for [Cramer] as far as his kneeling and squatting goes." Dr. Hartog also concluded that, given the improvement in his foot, Cramer should be able to return to full work duty in a week. Cram-er did not return to work nor did he seek additional medical treatment for his foot or knee until August 25, 2008, a month after he received notification (his third) from the Division requesting further information regarding the injury to his left knee.

[15] In the meantime, Cramer saw Dr. Max Winkler, a chiropractor in Rapid City, on June 27, 2008, about pain and numbness in his neck, shoulder and left arm. Cramer attributed the symptoms to the October 18, 2002, work accident. However, Dr. Winkler noted Cramer reported that the symptoms started just three weeks before that initial office visit. Dr. Winkler also noted the date of injury as June 13, 2008. Dr. Winkler treated Cramer's physical symptoms on that date and again on July 7. Cramer never filed a report or claim with the Division regarding Dr. Winkler's treatment.

[T6] Almost two months later, on September 2, 2008, Cramer saw Dr. Nathan Simpson, an orthopedic spine surgeon, with complaints of pain in his neck and his left shoulder and arm. Cramer reported he suffered a work-related fall on October 18, 2002, and that "he started developing neck pain that goes into the left shoulder and down the back of his left arm" subsequent to the work accident. Dr. Simpson diagnosed a cervical spine injury and ordered an MRI, which revealed a herniated dise at C6/7. Medical records submitted to the Division by Dr. Simpson indicated Cramer was a candidate for surgical repair of his herniated disc, Cramer desired to undergo the surgery, and Cramer would not be able to return to work until at least six weeks after the cervical spine surgery.

[17] In a Final Determination Letter issued on September 19, 2008, the Division denied Cramer's claim for medical and disability benefits stemming from the cervical spine injury on the ground that Cramer had not demonstrated the infury was a compensa-ble work-related injury. Cramer objected to the final determination, and a contested case hearing was held on April 21, 2004. The hearing officer denied benefits following that hearing. Ultimately, the hearing officer determined Cramer had not met his burden of proving the cervical spine injury was work related.

STANDARD OF REVIEW

[T8] "The claimant has the burden of proving every essential element of his claim by a preponderance of the evidence. Under the statutory definition of injury, he must prove that his injury arose out of and in the course of his employment. Whether an employee's injury occurred in the course of his employment is a question of fact." Kuntz-Dexter v. State ex rel Wyoming Workers' Safety and Comp. Div., 2002 WY 101, ¶ 9, 49 P.3d 190, 192 (Wyo.2002) (citations omitted).

[19] When reviewing a matter initiated before an administrative agency we do not afford any special deference to the district court's decision. Instead, we review the case as if it came directly from the administrative agency. Hicks v. State ex rel. Wyoming Workers' Safety and Comp. Div., 2005 WY 11, 116, 105 P.3d 462, 469 (Wyo.2005) (citing Robbins v. State ex rel. Wyoming Workers' Safety and Compensation Division, 2008 WY 29, 115, 64 P.3d 729, 732 (Wyo.2008)). The scope of our review of an administrative decision is limited by Wyo. Stat. Ann. § 16-3-114(c) (LexisNexis 2005), which provides:

(c) To the extent necessary to make a decision and when presented, the reviewing court shall decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of an agency action. In making the following determinations, the court shall review the whole record or those parts of it cited by a party and due account shall be taken of the rule [671]*671of prejudicial error. The reviewing court shall:
(i) Compel agency action unlawfully withheld or unreasonably delayed; and
(i) 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;
(B) Contrary to constitutional right, power, privilege or immunity;
(C) In excess of statutory jurisdiction, authority or limitations or lacking statutory right;
(D) Without observance of procedure required by law; or
(E) Unsupported by substantial evidence in a case reviewed on the record of an agency hearing provided by statute.

[110] We recently reiterated the standard of review to be applied when both parties present evidence at an administrative hearing in Berg v. State ex rel. Wyoming Workers' Safety and Comp. Div., 2005 WY 23, T7, 106 P.3d 867, 870 (Wyo.2005):

In appeals where both parties submit evidence at an administrative hearing, Newman mandates that appellate review be limited to application of the substantial evidence test. Newman [v. State ex rel. Wyoming Workers' Safety and Comp. Div.], 2002 WY 91, ¶ 22, 49 P.3d 163 [(Wyo.2002)]. This is true regardless of which party appeals from the ageney decision. In addition, this court is required to review the entire record in making its ultimate determination on appeal. Newman, at T 19 and T1 24-26.

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2005 WY 124, 120 P.3d 668, 2005 Wyo. LEXIS 150, 2005 WL 2372024, Counsel Stack Legal Research, https://law.counselstack.com/opinion/workers-compensation-claim-of-cramer-v-state-ex-rel-wyoming-workers-wyo-2005.