Summary 2012 WY 32

Summary of Decision March 2, 2012

[SPECIAL NOTE:  This opinion uses the "Universal Citation."  It was given an "official" citation when it was issued.  You should use this citation whenever you cite the opinion, with a P.3d parallel citation.  You will also note when you look at the opinion that all of the paragraphs are numbered.  When you need to provide a pinpoint citation to a quote the universal portion of the citation will use that paragraph number.  The pinpoint citation in the P.3d portion will need to have the reporter page number. If you need assistance in putting together a citation from this, or any future opinion using the Universal Citation form, please contact the Wyoming State Law Library and we will provide any needed assistance] 

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

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

Citation:  2012 WY 32

Docket Number: S-11-0107   

URL:  http://wyomcases.courts.state.wy.us/applications/oscn/DeliverDocument.asp?CiteID=465121

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

Representing Appellant (Petitioner):  Robert Nicholas of Nicholas & Crank, P.C., Cheyenne, Wyoming

Representing Appellee (Respondent):  Gregory A. Phillips, Wyoming Attorney General; John W. Renneisen, Deputy Attorney General; James Michael Causey, Senior Assistant Attorney General; Kelly Roseberry, Assistant Attorney General

Date of Decision: March 2, 2012

Facts:  In 2003, Appellant was working as a heating, ventilation and air conditioning (HVAC) journeyman when he fell nine feet from a beam to a concrete floor and suffered a compression fracture to his L1 vertebrae.  In 2008, Appellant applied for permanent total disability benefits claiming a total disability under the “odd lot” doctrine.  The Worker’s Compensation Division denied the application.

The Division did not dispute that Appellant could not return to work as an HVAC journeyman but instead contended that his failure to obtain alternative employment was due to a preexisting psychological condition and a poor effort to find work.  The Medical Commission agreed and upheld the denial of benefits.  On appeal, the district court found the Commission’s decision to be supported by substantial evidence and affirmed.

Issue: Did the Panel err, as a matter of law, in concluding that Appellant failed to meet his burden in establishing that he is Permanently Totally Disabled?

Holdings:  The Court reversed and remanded.  The Court found that Appellant established a prima facie case under the odd lot doctrine when he showed he could not return to his former employment and the combination of his psychological and physical conditions precluded alternative employment.  The burden thereafter shifted to the Division to show that light work of a special nature, which Appellant could perform, was available.  The Division did not meet its burden.

J. Golden delivered the opinion for the court.