Summary 2010 WY 157

Summary of Decision December 3, 2010

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Case Name: Anderson v. State, ex rel., Wyoming Workers' Safety and Compensation Division

Citation: 2010 WY 157

Docket Number: S-10-0086

URL: http://tinyurl.com/2dcfves

Appeal from the District Court of Sweetwater County, The Honorable Nena R. James, Judge

Representing Appellant (Petitioner): Michael D. Newman, Hampton & Newman, LC, Rock Springs, Wyoming.

Representing Appellee (Respondent): Bruce A. Salzburg, Attorney General; John W. Renneisen, Deputy Attorney General; James Michael Causey, Senior Assistant Attorney General; Kristen J. Hanna, Senior Assistant Attorney General.

Date of Decision: December 3, 2010

Facts: Appellant challenged an order from the Office of Administrative Hearings (OAH) denying his claim for additional Workers’ Compensation Permanent Partial Impairment (PPI) benefits. The OAH rated his PPI using the 6th edition of the American Medical Association Guides to the Evaluation of Permanent Impairment, which was the most recent edition available in 2008 when Appellant reached maximum medical improvement. Appellant contended that his PPI should have been rated using the 5th edition of the AMA Guides, which was the most recent edition available in 2003 when he incurred his original injury.

Issues: Whether the Office of Administrative Hearings’ decision holding Appellant’s impairment should be calculated according to the 6th edition of the American Medical Association Guides to the Evaluation of Permanent Impairment arbitrary, capricious, or otherwise not in accordance with law? Whether the Wyoming Workers’ Safety and Compensation Division’s interpretation and application of W.S. § 27-14-405(g) result in an unconstitutional delegation of legislative authority that is contrary to Article 10 Section 4 of the Wyoming Constitution?

Holdings: The legislature clearly intended that the PPI be rated using the most recent edition at the time of the ascertainable loss. The 6th edition of the AMA Guides was the most recent edition when Appellant reached maximum medical improvement following his second surgery. The OAH’s determination that Appellant’s PPI was properly rated according to the 6th edition was in accordance with the law. Affirmed.

J. Burke delivered the opinion for the court.