Summary 2009 WY 66

Summary of Decision issued May 20, 2009

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

Case Name: Straube v. State, ex rel. Wyoming Workers’ Safety and Comp. Div.

Citation: 2009 WY 66

Docket Number: S-08-0106

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

Representing Appellant Straube: Kenneth DeCock of Plains Law Offices LLP, Gillette, Wyoming.

Representing Appellee State: Bruce A. Salzburg, Wyoming Attorney General; John W. Renneisen, Deputy Attorney General; James Michael Causey, Senior Assistant Attorney General; Kristi M. Radosevich, Senior Assistant Attorney General.

Facts/Discussion: Straube suffered an injury to his right knee while at work. The Workers’ Compensation Division (Division) found the injury to be compensable and awarded benefits. Straube’s knee never healed and approximately one year later he sought pre-authorization from the Division for osteochondrial autograph implant surgery. The Division determined that Straube’s current knee problems solely related to a preexisting condition and denied further benefits.
It was undisputed that Straube suffered from a preexisting condition and that he suffered a compensable material aggravation of that condition. The first surgery was covered as being directly necessitated by the work injury. The Medical Commission relied on the reports from Dr. Davis and Dr. Whipp. Their opinions were not based so much on medical information as their individual thoughts on the state of the law. Dr. Davis stated he thought about the situation and since the initial injury could have occurred at anytime, the consequences of the surgery should not be the responsibility of the Division. But, the injury happened while Straube was on the job and the employer takes an employee as he finds him. Dr. Whipp and the Medical Commission discussed apportionment. The Commission’s ultimate conclusion was that since apportionment under the circumstances was not legally allowed, then no benefits should be granted. The inability to apportion the medical consequences of a work injury between the immediate injury and a preexisting condition is not a reason to deny benefits.

Conclusion: Benefits are awarded if the medical consequences are causally related to the work injury. The evidence in the case supports such causal connection. Straube’s knee never fully recovered after the work injury, as evidenced by the continued weakness in the knee and Straube’s continued pain. More importantly, the only medical evidence directly on point stated the currently recommended surgery would not be necessary had it not been for the work injury. The Court concluded the decision of the Medical Commission was against the overwhelming weight of the evidence.

Reversed.

J. Golden delivered the decision.

J. Burke dissenting, joined by C.J. Voigt: The Justices noted the majority seemed to discount the opinions of two of the reviewing physicians because they viewed the medical records but did not examine the patient which is a common procedure in compensation cases and does not render the evidence inadmissible or incompetent. It may affect the credibility or persuasiveness of the doctors’ opinions but it is up to the Medical Commission to determine the credibility of witnesses and the weight afforded to conflicting evidence.

Link: http://tinyurl.com/oxbb46 .

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