Summary 2012 WY 144

Summary of Decision November 14, 2012

Justice Burke delivered the opinion for the Court. Affirmed.

Case Name: IN THE MATTER OF THE WORKER’S COMPENSATION CLAIM OF: MICHAEL WILLEY v. STATE OF WYOMING, ex rel., WYOMING WORKERS’ SAFETY AND COMPENSATION DIVISION

Docket Number: S-12-0081

URL: http://www.courts.state.wy.us/Opinions.aspx

Appeal from the District Court of Campbell County, Honorable John R. Perry, Judge.

Representing Appellant: Donna D. Domonkos, Domonkos Law Office, Cheyenne, Wyoming.

Representing Appellee: Gregory A. Phillips, Wyoming Attorney General; John D. Rossetti, Deputy Attorney General; Michael J. Finn, Senior Assistant Attorney General; Claudia Lair, Legal Intern.

Date of Decision: November 14, 2012

Facts: The Wyoming Workers’ Safety and Compensation Division issued a final determination awarding Appellant, Michael Willey, a 2% permanent partial impairment benefit after Mr. Willey was injured in a work-related accident. Mr. Willey challenged the district court’s order affirming the Medical Commission’s decision to uphold the Division’s final determination.

Issues: Appellant presents the following issue for the Court’s consideration:

Whether the Medical Commission’s decision is supported by substantial evidence.
Holdings: The evidence in the record supports the Commission’s finding that Mr. Willey tended to exaggerate the extent of his symptoms. Ultimately, however, the Commission’s findings with respect to Mr. Willey’s credibility had little, if any, bearing on its decision to uphold the Division’s award of a 2% impairment benefit. As set forth above, that decision was based on Mr. Willey’s medical records, the assessments of Mr. Willey’s impairment by Dr. Shih and Dr. Uejo, and the criteria set forth in the AMA Guides. Accordingly, even if the Court found that the Medical Commission’s credibility findings were not supported by the record, substantial evidence would remain to support the Commission’s decision. Affirmed.

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

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