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247 P.3d 505
Wyo.
2011
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Background

  • McCall-Presse, WWBC employee, claimed injury from inhaling a chemical cloud while driving for work on I-80 on April 14, 2008.
  • Division denied workers' compensation benefits; OAH held a contested case hearing and denied benefits.
  • Appellant sought emergency care two days after the incident; ER noted possible gas exposure; multiple physicians evaluated her later.
  • OAH found an injury but could not establish a causal link to employment; credibility concerns and lack of corroborating evidence were noted.
  • District court affirmed; Wyoming Supreme Court affirmed the denial, concluding substantial evidence supported the OAH's decision.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Was OAH's denial supported by substantial evidence? McCall-Presse argues evidence shows employment-related causation. State contends lack of causal evidence and credibility issues justify denial. Yes; substantial evidence supports the denial.

Key Cases Cited

  • Dale v. S & S Builders, LLC, 188 P.3d 554 (Wy. 2008) (substantial evidence standard for agency decisions)
  • Newman v. State ex rel. Wyo. Workers' Safety & Comp. Div., 49 P.3d 163 (Wy. 2002) (review standard; substantial evidence applies to factual findings)
  • Judd v. State ex rel. Wyo. Workers' Safety & Comp. Div., 233 P.3d 956 (Wy. 2010) (preponderance standard clarified)
  • Anastos v. Gen. Chem. Soda Ash, 120 P.3d 658 (Wy. 2005) (definition of preponderance of the evidence)
  • Taylor v. State ex rel. Wyo. Workers' Safety & Comp. Div., 123 P.3d 143 (Wy. 2005) (hearing examiner credibility determinations)
Read the full case

Case Details

Case Name: In RE McCALL-PRESSE
Court Name: Wyoming Supreme Court
Date Published: Feb 25, 2011
Citations: 247 P.3d 505; 2011 WY 34; 2011 WL 667964; S-10-0186
Docket Number: S-10-0186
Court Abbreviation: Wyo.
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