Summary 2009 WY 32

Summary of Decision issued March 6, 2009

Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court

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

Citation: 2009 WY 32

Docket Number: S-07-0203

Appeal from the District Court of Campbell County, Honorable Michael N. Deegan, Judge

Representing Appellant (Claimant): Kenneth DeCock, Plains Law Offices, Gillette, Wyoming

Representing Appellee (Respondent): No appearance.

Facts: Claimant appeals the denial of his claim for worker’s compensation benefits. Claimant claims that he suffered injuries from an accident during work-related activities that aggravated a preexisting medical condition. The Wyoming Workers’ Compensation Division found Claimant’s condition solely related to his preexisting condition. The Division’s denial was upheld by the Office of Administrative Hearings (OAH). The OAH decision was affirmed by the district court.

Issues: Whether there is substantial evidence to support the Hearing Officer’s conclusion. Whether the the Hearing Officer’s decision was arbitrary and capricious. Whether the Hearing Officer misinterpreted case law and held Claimant to an improper burden of proof.
Holding: Preexisting disease or infirmity of the employee does not disqualify a claim under the “arising out of employment” requirement if the employment aggravated, accelerated, or combined with the disease or infirmity to produce the death or disability for which compensation is sought. Expert opinion testimony ordinarily will be required to establish the link between the employee’s work activity or injury and the preexisting disease or condition; the expert need not state with specificity that the work activities or injury materially or substantially aggravated, accelerated, or combined with the preexisting disease or condition to necessitate the medical treatment for which compensation is sought; and the expert need not apportion between the work activity or injury and the preexisting disease or condition; the relative contribution of the work activity or injury and the preexisting disease or condition is not weighed. In applying this analysis, the overwhelming weight of the evidence supports a finding that Claimant’s work-related fall aggravated a preexisting condition. Even should the medical evidence be considered weak, there is other, strongly circumstantial, evidence supporting Claimant’s claim. Both Claimant and his wife testified that, while Claimant suffered some similar symptoms before his fall, after the fall the symptoms were exacerbated and new symptoms appeared. All medical evidence supports this testimony. Most telling, and incontrovertible, is the fact that Claimant was able to perform his job functions for over three years after the automobile accident which caused his original injury. After his work-related fall, he was no longer able to perform these same functions.
Conclusion: The overwhelming weight of the evidence proves a material aggravation of pre-existing condition.

Reversed and remanded.

J. Golden delivered the opinion for the court.

Link: http://tinyurl.com/dj8tyw

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