Summary 2007 WY 85

Summary of Decision issued May 22, 2007

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Case Name: Ramos v. State, ex rel., Wyoming Workers’ Safety and Compensation Division

Citation: 2007 WY 85

Docket Number: 06-100

Appeal from the District Court of Converse County, the Honorable John C. Brooks, Judge

Representing Appellant (Petitioner): Hampton M. Young, Jr., Casper, Wyoming.

Representing Appellee (Plaintiff): Patrick J. Crank, Attorney General; John W. Renneisen, Deputy Attorney General; Steven R. Czoschke, Senior Assistant Attorney General; and Kristi M. Radosevich, Assistant Attorney General.

Issue: Whether the hearing examiner’s decision was arbitrary and capricious and not in accordance with the law when it failed to consider whether the work-related injury combined with the preexisting periodontal disease necessitated the dental treatment for which compensation was sought.

Facts/Discussion: Ramos sustained facial bone fractures in a work-related accident in 2003. Over ten years prior to the injury, he had been informed he had periodontal disease and had been advised to have his teeth extracted and replaced with dentures. The Division denied payment of $2470 for the dental treatment. Ramos requested a hearing where the OAH upheld the Division’s denial. The district court affirmed the hearing examiner’s opinion.
Standard of Review: The standard of review of a hearing examiner’s order in a contested case is governed by Wyo. Stat. Ann. § 16-3-114(c). The order is reviewed giving no deference to the district court’s decision and the conclusions of law are reviewed de novo. The arbitrary and capricious standard governs the judicial review of the order.
Ramos challenged the findings of fact in paragraphs 8 and 9 of the hearing examiner’s decision and pointed to undisputed evidence supporting his contention that the dental work was necessitated by the injury and was not a result of long-standing preexisting periodontal disease. The Court agreed and held that the hearing examiner’s decision was arbitrary and capricious.

Holding: After the Court’s review of the entire record, the Court found that Ramos proved by a preponderance of the evidence that his work-related injury substantially combined with his preexisting periodontal disease which necessitated the dental treatment.

Reversed and remanded to the district court.

J. Golden delivered the decision.

Link: http://tinyurl.com/35h8yx .