Davenport v. State ex rel. Wyoming Workers' Safety & Compensation Division
2012 WY 6
| Wyo. | 2012Background
- Davenport sought workers' compensation in 2008-2009 for fusion surgery due to lower back problems.
- Division denied benefits, asserting 2008-2009 back issues were not caused by 1984/1985 work injuries.
- OAH upheld the denial, finding the pars defect and spondylolisthesis were congenital and not caused by the earlier injuries.
- Davenport challenged, arguing aggravation of a preexisting congenital defect is compensable and the second compensable injury rule applies.
- Record showed 1984/1985 injuries, subsequent years with other traumas, and no back treatment from 1987 until after 2004, with surgery in 2009 addressing spondylolisthesis due to pars defect.
- Wyoming Supreme Court affirmed, holding the evidence did not prove a causal connection between the 1984/1985 injuries and the 2008-2009 surgery; the aggravated-injury theory required proof of a second compensable injury by a preponderance of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is aggravation of a preexisting/congenital condition compensable? | Davenport contends aggravation is compensable and delays are compensable. | Division contends preexisting condition is excluded unless proven as a second compensable injury with causal link. | Aggravation theory allowed only if second injury shown by preponderance. |
| Does the second compensable injury rule apply to Davenport's claim? | Second-injury rule supports compensability of the 2008-09 surgery. | No compensable second injury proven; evidence shows congenital condition and natural progression. | Second injury rule requires causal link; not met here. |
| Did Davenport prove a causal connection between 1984/1985 injuries and 2008-2009 surgery? | Aggravation concept implies a causal connection exists. | Record supports congenital basis and lack of causal link to 2009 surgery. | Not proven by a preponderance; evidence supports denial. |
Key Cases Cited
- Kacemarek v. State ex rel. Wyo. Workers' Safety & Comp. Div., 215 P.3d 277 (Wyoming Supreme Court, 2009) (describes second compensable injury doctrine and burden of proof)
- Kenyon v. State ex rel. Wyo. Workers' Safety & Comp. Div., 247 P.3d 845 (Wyoming Supreme Court, 2011) (standard for reviewing agency findings and substantial evidence)
- Dale v. S & S Builders, LLC, 188 P.3d 554 (Wyoming Supreme Court, 2008) (substantial evidence review framework for agency decisions)
- Spletzer v. State ex rel. Wyo. Workers' Safety & Comp. Div., 116 P.3d 1103 (Wyoming Supreme Court, 2005) (deference to agency credibility determinations under substantial evidence)
- Chavez v. State ex rel. Wyo. Workers' Safety & Comp. Div., 204 P.3d 967 (Wyoming Supreme Court, 2009) (clarifies weighing medical opinions and weighting expert testimony)