Thursday, September 13, 2012

Summary 2012 WY 117

Summary of Decision September 7, 2012

Justice Hill delivered the opinion for the Court. Affirmed.

Case Name: TODD ROGERS, AN EMPLOYEE OF R.A. MANNING CONSTRUCTION v. STATE OF WYOMING, ex rel., WYOMING WORKERS’ SAFETY AND COMPENSATION DIVISION
Docket Number: S-12-0001


Appeal from the District Court of Teton County, Honorable Timothy C. Day, Judge.

Representing Appellant: Jack D. Edwards of Edwards Law Office, P.C., Etna, WY.

Representing Appellee: Gregory A. Phillips, Wyoming Attorney General; John D. Rossetti, Deputy Attorney General; Michael J. Finn, Senior Assistant Attorney General; and Kelly Roseberry, Assistant Attorney General.

Date of Decision: September 7, 2012
Facts:  Todd Rogers challenged an order from the Office of Administrative Hearings (OAH) denying benefits to him for lower back treatment.  The OAH ruled that Rogers did not prove his 2010 condition was related to his 2002 work injury.  Affirmed.

Issues:  Rogers phrases his single issue as follows:
           
1.      Did the hearing examiner error [sic], as a matter of law, in concluding that Mr. Rogers failed to meet his burden of proof that his 2010 injuries are related to his 2002 work injury?
 
Holdings:  The evidence presented at the hearing, in light of the testimony presented and other facts in the record, supported the hearing examiner’s conclusion that Rogers did not meet his burden of proving that his 2010 treatment was the result of his 2002 work-related injuries.  The OAH decision was not against the overwhelming weight of the evidence and was, therefore, supported by substantial evidence in the record.  Affirmed.

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

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