Worker's Compensation Claim of Leavitt v. State Ex Rel. Wyoming Workers' Safety & Compensation Division

980 P.2d 332, 1999 Wyo. LEXIS 87, 1999 WL 326194
CourtWyoming Supreme Court
DecidedMay 25, 1999
Docket98-118
StatusPublished
Cited by6 cases

This text of 980 P.2d 332 (Worker's Compensation Claim of Leavitt 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 Leavitt v. State Ex Rel. Wyoming Workers' Safety & Compensation Division, 980 P.2d 332, 1999 Wyo. LEXIS 87, 1999 WL 326194 (Wyo. 1999).

Opinion

GOLDEN, Justice.

Charles Leavitt appeals from the district court’s order affirming a hearing examiner’s denial of worker’s compensation benefits for Leavitt’s neck injury. After hearing testimony from several doctors and Leavitt in a contested case healing, the hearing examiner determined that, while Leavitt’s shoulder injury was incurred in the performance of his employment, his neck injuiy was not. We uphold factual determinations of administrative agencies, including the determination that an injury occurred outside the course of employment, if they are supported by substantial evidence. The Division’s doctor and Leavitt’s own physician, once apprised of Leavitt’s post-operative activities, opined that Leavitt’s neck injury was not work-related, but was likely sustained when he fell while pushing his wife’s car out of the snow. Substantial evidence supports the hearing examiner’s decision; therefore, we affirm.

ISSUES

Appellant Leavitt presents this statement of the issue:

Whether the record contains substantial evidence to support the hearing examiner’s determination that Claimant’s injury did not arise out of and in the course of his employment.

The Appellee Division responds:

The Employee injured his shoulder lifting buckets of rock at work. Six months later, after two intervening accidents, his doctors discovered a neck injury.
A. Was the denial of benefits for the Employee’s neck injury supported by substantial evidence?

FACTS

Leavitt was employed as a carpenter’s helper in November of 1995. On November 6, 1995, while carrying buckets of rock weighing between one hundred and one hundred and fifty pounds, Leavitt was injured. On November 17,1995, Leavitt filed a report of occupational injury stating that he suffered an injury to his right shoulder while carrying fireplace rock in five gallon buckets. Leavitt sought medical treatment and was eventually referred to Dr. James Champa, who ordered testing for a possible rotator cuff tear. When that testing came up negative, Dr. Champa referred Leavitt to Dr. Franklin Rivers, who diagnosed a problem with Leavitt’s AC joint. Leavitt underwent an operation on his shoulder for. this condition on January 22,1996.

Immediately after surgery, Leavitt continued to experience pain in his shoulder. On February 8, 1996, Leavitt went to the hospital emergency room to seek care from Dr. Martha S. Hageman. Leavitt reported that he re-injured his shoulder and was experiencing pain in the back of his neck. According to Dr. Hageman, Leavitt told her he was pushing his wife’s car out of the snow and felt a pain go through his shoulder and neck as they were being strained.

After undergoing physical therapy, Leavitt returned to the care of Dr. Champa in April of 1996. Dr. Champa determined Leavitt’s *334 condition had not improved and suspected an injury to Leavitt’s neck. An MRI of Leav-itt’s neck indicated a herniated disk at the C5-6 level. Eventually, Dr. Kenneth Lambert performed a subacromial decompression of Leavitt’s right shoulder on July 30, 1996, and performed a cervical fusion on Leavitt’s neck on September 10,1996.

The Division denied benefits for Leavitt’s neck and arm problems on November 22, 1996, pursuant to a medical file review performed by Dr. Robert G. Weiner. Leavitt requested a hearing on the denial. After a contested case hearing, the hearing examiner approved benefits for the shoulder injury, but denied benefits for the neck injury. Leavitt filed a petition for review of the administrative action with the District Court of Teton County, Wyoming, Ninth Judicial District. The district court affirmed the hearing examiner’s decision, and Leavitt timely filed a notice of appeal.

STANDARD OF REVIEW

This case comes to us on appeal from the district court’s decision to affirm the hearing examiner’s denial of benefits. We review “agency action as if the appeal came directly to the supreme court from the agency,” according no deference to the district court’s decision. RM v. Dept. Of Family Services, 953 P.2d 477, 481 (Wyo.1998).

The sole issue Leavitt presents for our review is whether substantial evidence supports the hearing examiner’s denial of benefits for his neck injury. Judicial review of agency action is governed by Wyo. Stat. Ann. § 16-3-114(c) (Michie 1997):

(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 of prejudicial error. The reviewing court shall:
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(iii) Hold unlawful and set aside agency action, findings and conclusions found to be:
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(E) Unsupported by substantial evidence ....

See also W.R.A.P. 12.09(a). This Court reviews a hearing examiner’s finding that an injury occurred outside the course of employment using the substantial evidence test:

Whether or not an employee’s injury occurred in the course of his employment is a question of fact. We review an administrative agency’s findings of fact by applying the substantial evidence standard. Our task is to examine the entire record to determine whether substantial evidence supported the hearing examiner’s findings. We will not substitute our judgment for that of the hearing examiner when substantial evidence supports his decision. Substantial evidence is relevant evidence which a reasonable mind might accept in support of the agency’s conclusions.

DeWall v. State of Wyoming, ex rel. Workers’ Safety & Compensation Div., 960 P.2d 502, 503 (Wyo.1998) (citations omitted).

DISCUSSION

In his brief Leavitt argues that his testimony, the testimony of his treating physicians, Drs. Champa and Lambert, and his medical records all indicate that he sustained his neck injury while carrying rock at work. Just as he apparently did before the district court, Leavitt “basically reargues factual issues determined adversely to him by the hearing examiner at the contested case phase ... [and] seeks a de novo review of the hearing.”

Dr. Lambert provided a written deposition for the hearing, and Dr. Champa testified telephonically. Dr. Champa and Dr. Lambert were of the opinion that both Leav-itt’s neck and shoulder condition arose from his employment. However,'during cross-examination, Dr. Champa testified that he was not aware Leavitt was treated by Dr. Hage-man after re-injuring his shoulder while pushing a car. During cross-examination, the following exchange occurred:

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Bluebook (online)
980 P.2d 332, 1999 Wyo. LEXIS 87, 1999 WL 326194, Counsel Stack Legal Research, https://law.counselstack.com/opinion/workers-compensation-claim-of-leavitt-v-state-ex-rel-wyoming-workers-wyo-1999.