Summary 2014 WY 61

Summary of Decision May 12, 2014

Justice Davis delivered the opinion for the court. Affirmed.

Case Name: IN THE MATTER OF THE WORKER’S COMPENSATION CLAIM OF: CHRISTINA S. HIRSCH, AN EMPLOYEE OF BORDER FOODS, INC. v. STATE OF WYOMING ex rel. WYOMING WORKERS’ SAFETY AND COMPENSATION DIVISION

Docket Number: S-13-0162

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

Appeal from the District Court of Teton County the Honorable Timothy C. Day, Judge

Representing Appellant: Jack D. Edwards of Edwards Law Office, P.C., Etna, Wyoming

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

Date of Decision: May 12, 2014

Facts: Appellant Christina Hirsch sought worker’s compensation benefits for back pain she believed was related to an earlier workplace accident. The Office of Administrative Hearings (OAH) upheld the Wyoming Workers’ Safety and Compensation Division’s (Division) denial of temporary total disability and medical pay benefits, and the district court affirmed the OAH decision. Ms. Hirsch appeals to this Court, claiming that the OAH erred by failing to find a causal connection between the workplace accident and her delayed back pain.

Issues: While Ms. Hirsch raises several issues on appeal, we find the dispositive question to be whether there is substantial evidence to support the OAH’s denial of benefits before a remand from the district court for supplementation of the record. We therefore restate the controlling issue as follows: Were the OAH’s Findings of Fact, Conclusions of Law, and Order contrary to the overwhelming weight of the evidence?

Holdings/Conclusion: Ms. Hirsch did not carry her burden of persuading the OAH that the May 2009 incident caused her later back pain. The record contains substantial evidence without the contested supplementation to support the OAH’s initial decision to deny benefits. Affirmed.

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

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