Summary 2012 WY 12

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Case Name: Shepherd of the Valley Care Center v. Rebecca K. Fulmer

Citation: 2012 WY 12

Docket Number: S-10-0236

URL: http://wyomcases.courts.state.wy.us/applications/oscn/DeliverDocument.asp?CiteID=465064

Appeal from the District Court of Natrona County, The Honorable David B. Park, Judge.

Representing Appellant: Scott P. Klosterman of Williams, Porter, Day & Neville, P.C., Casper, Wyoming

Representing Appellee: Peter J. Timbers of Schwartz, Bon, Walker & Studer, LLC, Casper, Wyoming

Date of Decision: February 2, 2012

Facts: Rebecca K. Fulmer (Fulmer) suffered injuries on two separate dates while working as a Certified Nursing Assistant (CNA) at Shepherd of the Valley Care Center (Shepherd). She submitted worker’s compensation claims for both injuries. Shepherd objected to both claims, and the Wyoming Workers’ Safety and Compensation Division (Division) denied benefits for the two injuries.

Fulmer requested a hearing, and following a combined contested case hearing, the Office of Administrative Hearings (OAH) upheld the denial of benefits. The OAH concluded Fulmer was not entitled to benefits for her first injury because it was the result of Fulmer’s own culpable negligence. It concluded Fulmer was not entitled to benefits for the second injury based on its finding that “Fulmer was performing activities of daily living not causally related to her work and the fracture could have become complete at any time or place.”

Fulmer appealed, and the district court reversed the OAH decision. The district court found the record did not support either the finding that Fulmer’s first injury was caused by her own culpable negligence or the finding that Fulmer’s second injury was caused not by her work but by normal activities of day-to-day living.
Issues: Whether the hearing examiner correctly determined that the injury sustained by Rebecca Fulmer on August 12, 2008, was caused by her culpable negligence and therefore [was] not a compensable injury as defined under Wyo. Stat. § 27-14-102(a)(xi). Whether the hearing examiner correctly determined that the injury sustained by Rebecca Fulmer on August 30, 2008, resulted primarily from normal activities of day-to-day living and therefore [was] not a compensable injury as defined under Wyo. Stat. § 27-14-102(a)(xi).

Holdings: The Court found that Shepherd did not meet its burden of proving Fulmer was culpably negligent when she injured her hip lifting a patient by herself; nor did it meet its burden of proving a normal activity of day-to-day living caused Fulmer’s hip fracture. The Court remanded to the district court with directions that it remand to the OAH for entry of an order awarding benefits to Fulmer for both her August 12, 2008, and August 30, 2008, hip injuries.

Justice Golden delivered the opinion for the court.