Anderson v. State Ex Rel. Wyoming Workers' Safety & Compensation Division
2010 WY 157
| Wyo. | 2010Background
- Anderson challenged an OAH denial of additional PPI benefits; dispute over which AMA Guides edition to apply.
- Initial PPI rating in 2005 used the 5th edition (Dr. Kaplan) with 10% impairment, leading to benefits based on that rating.
- Second back surgery in 2007; Dr. Clyde rated 7% (6th edition); Kaplan later rated 8% (6th edition).
- Final determination in 2008 denied additional PPI, stating 10% impairment from 2005 prevailed and future claims limited to original injury.
- OAH (May 2009) held the 6th edition was proper; district court and Wyoming Supreme Court affirmed.,
- Statutory framework requires impairment rating by the most recent AMA edition at ascertainable loss, with ascertainable loss tied to maximum medical improvement (June 2008).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Should the 6th edition be used for PPI rating? | Anderson: 5th edition at injury; edits imply older edition applies. | Division: use most recent AMA edition at ascertainable loss, here the 6th edition at MMI. | Yes; 6th edition properly applied. |
| Is § 27-14-405(g) unconstitutional as applied/delegation? | Statute vague; challenges constitutional authority delegation. | Statutory scheme unchallenged; cannot be adjudicated in agency review. | Not addressed; may be challenged by declaratory action in separate litigation. |
Key Cases Cited
- In re Nielsen, 806 P.2d 297 (Wyo. 1991) (ascertainable loss timing for impairment benefits)
- Loberg v. State ex rel. Wyo. Workers' Safety & Comp. Div., 88 P.3d 1045 (Wyo. 2004) (timing of law applicable to workers' compensation)
- Sinclair Oil Corp. v. Wyoming Dep't of Revenue, 238 P.3d 568 (Wyo. 2010) (statutory ambiguity and interpretation standards)
- Ball v. State ex rel. Wyo. Workers' Safety & Comp. Div., 239 P.3d 621 (Wyo. 2010) (pari materia reading of related statutes)
- Dale v. S & S Builders, LLC, 188 P.3d 554 (Wyo. 2008) (agency decision review standards)
- Williams v. State ex rel. Wyo. Workers' Safety & Comp. Div., 205 P.3d 1024 (Wyo. 2009) (limits on constitutional challenges in agency review)
- Moss v. State ex rel. Wyo. Workers' Safety & Comp. Div., 232 P.3d 1 (Wyo. 2010) (standard of review for agency actions)
- Phillips v. TIC-The Industrial Co. of Wyo., Inc., 109 P.3d 520 (Wyo. 2005) (ascertainable loss/maximum medical improvement timing)