Camilleri v. State Ex Rel. Wyoming Workers' Safety & Compensation Division
2010 Wyo. LEXIS 165
| Wyo. | 2010Background
- Camilleri reported a workplace injury at Worland Senior Center on Sept 1, 2004.
- She alleged a coworker struck her with a left shoulder, causing ongoing left-shoulder pain.
- Benefits were paid through June 22, 2005, after which the Division denied further payments.
- Camilleri sought review, and the matter was referred to the Medical Commission for a hearing.
- IME reports (Dr. Ruttle 3% impairment; Dr. Ford 0% impairment) conflicted with her treating physician Dr. Randolph’s view.
- The Commission issued a detailed 40-page findings letter, weighing credibility and medical evidence; the district court affirmed the Commission’s decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Substantial evidence supports rejection of Camilleri’s evidence | Camilleri argues the Commission ignored credible evidence. | Division contends the Commission properly weighed credibility and evidence. | Yes, substantial evidence supports rejection. |
| Ongoing medical treatment denial and ascertainable loss determination | Camilleri contends medical treatment and MMI findings were supported by her evidence. | Division argues findings were supported by the overall record and credibility determinations. | Yes, findings affirmed; denial of ongoing treatment upheld. |
Key Cases Cited
- Dale v. S & S Builders, LLC., 2008 WY 84 (Wy. 2008) (establishes standard of review for evidentiary rulings as substantial evidence)
- Walton v. State ex rel. Wyo. Workers' Safety & Comp. Div., 153 P.3d 932 (Wy. 2007) (credibility determinations by the Commission; appellate review of weight of evidence)
- Decker v. State ex rel. Wyo. Med. Comm'n, 124 P.3d 686 (Wy. 2005) (principles on credibility and medical testimony in medical-commission context)
- Nagle v. State ex rel. Wyo. Worker's Safety & Comp. Div. (In re Worker's Comp. Claim of Nagle), 190 P.3d 159 (Wy. 2008) (review of medical-claim credibility and evidence)
- Hurley v. PDQ Transport, Inc., 6 P.3d 134 (Wy. 2000) (establishes role of Commission in evaluating medical testimony)