Summary 2013 WY 81

Summary of Decision July 9, 2013

Justice Hill delivered the opinion for the Court. Affirmed.

Case Name: IN THE MATTER OF THE WORKER'S COMPENSATION CLAIM OF: DAVID GREEN v. STATE OF WYOMING, ex rel., DEPARTMENT OF WORKFORCE SERVICES, WORKERS' SAFETY AND COMPENSATION DIVISION

Docket Number: S-12-0238

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

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

Representing Appellant: James R. Salisbury of Riske & Salisbury, P.C., Cheyenne, WY.

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

Date of Decision: July 9, 2013

Facts: David Green (Green) suffered a work-related injury to his lumbar spine in 2004 and received workers’ compensation benefits for that injury. After surgery and reaching maximum medical improvement in 2005, Green accepted compensation for a 21% whole body permanent partial impairment (PPI). In 2010, following increased back pain, Green underwent additional surgery to his lumbar spine, for which he again received medical and temporary total disability (TTD) benefits. After reaching maximum medical improvement following the 2010 surgery, Green was again evaluated for a whole body PPI rating. The final rating was a 7% whole body PPI.

Because the 2010 PPI evaluation resulted in a rating that was less than the 2005 rating, the Wyoming Workers’ Compensation Division (Division) issued a final determination denying a PPI award beyond the 21% already paid. Green appealed the Division’s determination to the Wyoming Medical Commission (Commission). The Commission upheld the Division’s determination, and the district court affirmed the Commission’s decision. On appeal to this Court, Green argues that the Commission’s decision is not in accordance with law, is not supported by substantial evidence, and is arbitrary and capricious.

Issues: Green states the issues for our review as follows:

Whether the Hearing Panel committed an error of law in its application of Wyoming Statute § 27-14-405(f) and (g) in denying [Green] permanent partial impairment benefits. Whether the Hearing Panel Order is supported by substantial evidence and produces an arbitrary and capricious result to deny [Green] permanent partial impairment benefits.

Holdings: The Commission’s denial of Green’s request for a higher PPI rating is supported by the record and in accordance with law. Affirmed.

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

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