Summary 2014 WY 33

Summary of Decision March 5, 2014

Chief Justice Kite delivered the opinion for the Court. Affirmed.

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

Docket Number: S-13-0115

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

Appeal from the District Court of Sweetwater County the Honorable Nena James, Judge

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

Representing Appellee: Peter K. Michael, Wyoming Attorney General; John D. Rossetti, Deputy Attorney General; Michael J. Finn, Senior Assistant Attorney General; Peter Howard, Legal Intern.

Date of Decision: March 5, 2014

Facts: The State of Wyoming ex rel. Wyoming Workers’ Safety and Compensation Division (the Division) denied Bennie Johnson’s requests for preauthorization of bilateral total knee replacements and payment of other medical bills associated with his knees on the grounds the current condition of his knees was not related to a 1992 work injury. The Medical Commission held a contested case hearing and upheld the Division’s decision. During the hearing it admitted into evidence, over Mr. Johnson’s objection, three exhibits.

Issues: Mr. Johnson presents the following issues for this Court’s consideration: ISSUE I. Whether the Commission acted arbitrarily, capriciously or otherwise not in accordance with the law when it admitted into evidence unreliable and irrelevant evidence over objection. ISSUE II. Whether the [Medical Commission’s] decision is supported by substantial evidence. The Division presents the same issues, although they are phrased differently.

Holdings/Conclusion: We conclude the Medical Commission did not commit prejudicial error by admitting the exhibits and substantial evidence supports its decision. We, therefore, affirm.

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

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