Summary 2014 WY 39

Summary of Decision March 13, 2014

Justice Hill delivered the opinion for the Court. Affirmed.

Case Name: IN THE MATTER OF THE WORKER’S COMPENSATION CLAIM OF: RICK D. BODILY v. STATE OF WYOMING, ex rel., WYOMING WORKERS’ SAFETY & COMPENSATION DIVISION

Docket Number: S-13-0128

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

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

Representing Appellant: Stephenson D. Emery of Williams, Porter, Day & Neville, P.C., Casper, WY

Representing Appellee: Peter K. Michael, Wyoming Attorney General; John D. Rossetti, Deputy Attorney General; Michael J. Finn, Senior Assistant Attorney General; and Jessica Y. Frint, Assistant Attorney General

Date of Decision: March 13, 2014

Facts: Rick Bodily suffered work-related injuries to his back for which he received Worker’s Compensation benefits in 1996 and 2004. In 2008 and 2011, Bodily underwent surgeries to treat a herniated disc in his low back. The Wyoming Workers’ Compensation Division (Division) denied Bodily’s application for benefits to cover the two surgeries and any other expenses after June 2005. Bodily appealed, contending that the herniated disc in his low back was a direct result of his 1996 and 2004 injuries and was therefore a second compensable injury for which he was entitled to benefits. The Office of Administrative Hearings (OAH) upheld the denial of benefits, and the district court affirmed. Bodily appeals, claiming that the denial of benefits was contrary to the great weight of the evidence.

Issues: Bodily states the issue on appeal as follows: Is the Office of Administrative Hearings’ decision denying benefits clearly contrary to the great weight of evidence proving a causal connection between Bodily’s 1996 and 2004 work injuries and his pain complaints after 2005 – and resulting surgeries in 2008 and 2011 – such that he suffered a second compensable injury?

Holdings/Conclusion: The OAH decision upholding the Division’s denial of benefits was supported by substantial evidence and not contrary to the overwhelming weight of the evidence. Affirmed.

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

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