Summary 2012 WY 164

Summary of Decision December 21, 2012

Chief Justice Kite delivered the opinion for the Court. Reversed and Remanded. Justice Hill filed a specially concurring opinion.

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

Docket Numbers: S-12-0092

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

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

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

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

Date of Decision: December 21, 2012

Facts: Randy W. Hoffman injured his back while working in 1994. As a result, he had three back surgeries between 1995 and 2004. The Wyoming Worker’s Compensation Division (the Division) paid him benefits for the injury and associated treatment. In 2009, he fell on the ice at his home and underwent a fourth back surgery. Claiming that the surgery was connected to his original work injury, Mr. Hoffman sought benefits. The Division denied his claim. After a hearing, the Medical Commission (the Commission) upheld the denial, concluding that Mr. Hoffman had failed to prove the 2009 surgery was causally connected to his 1994 work injury. Mr. Hoffman filed a petition for review in district court, which affirmed the denial. In his appeal to this Court, Mr. Hoffman asserted the Commission’s decision was arbitrary, capricious and not in accordance with the law because the evidence overwhelmingly showed the fourth surgery was causally connected to his work injury.

Issues: Mr. Hoffman presents the following issue for this Court’s determination:

1. Whether the order denying benefits for Mr. Hoffman’s Second Fusion was arbitrary, capricious, and not in accordance with the law.

The Division asserts substantial evidence supported the Commission’s decision.

Holdings: The Court concluded that when the proper legal standard was applied, the Commission’s determination was contrary to the overwhelming weight of the evidence. The Court, therefore, reversed and remanded for proceedings in accordance with this decision.

Justice Hill specially concurred. To read the full opinion and concurrence, see the URL link above.

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

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