In the Matter of the Worker's Compensation Claim Of: Joseph O. Hayes v. State of Wyoming, ex rel., Wyoming Workers' Safety and Compensation Division
2013 WY 96
| Wyo. | 2013Background
- Claimant Joseph O. Hayes, who has preexisting cystic fibrosis, was tased during a workplace training session on August 18, 2010, and sustained a left-hand fracture that required surgery.
- Within about a month (mid–late September 2010) Hayes was hospitalized with joint pain, chest tightness, fever/chills, cough and other respiratory symptoms; chest x-rays showed cystic fibrosis changes but no clear pneumonia.
- The Division paid for the hand injury but denied benefits for the subsequent hospitalization and respiratory treatment, finding no causal link to the taser/hand injury.
- At the contested hearing Hayes testified and submitted a report from a registered nurse (Rhonda Walker) opining the hospitalization was work-related (via inability to exercise and/or medication effects); the Division presented Dr. Lawrence Repsher, a pulmonary specialist, who found no evidence of clinically significant chest wall injury or pneumonia.
- The Office of Administrative Hearings credited Dr. Repsher, gave Nurse Walker’s opinion no weight (admitted but found unqualified and unsupported), and concluded Hayes failed to prove causation; the district court affirmed and the Wyoming Supreme Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether substantial evidence supported OAH’s finding that Hayes failed to prove causation between the August taser/hand injury and the September hospitalization | Hayes: temporal proximity + his testimony + Nurse Walker’s opinion show the taser/injury (and resulting inability to exercise) caused/aggravated his pulmonary/joint problems | Division: medical evidence does not link the taser or hand injury to the later symptoms; claimant’s evidence is speculative and nurse is not qualified to establish causation | Held: Substantial evidence supports OAH’s rejection of Hayes’s causation proof; causal link not established |
| Whether the OAH properly disregarded Nurse Walker’s report | Hayes: nurse’s report was competent evidence of causation | Division: nurse lacks pulmonary expertise and her opinion is speculative and inadequately grounded | Held: OAH properly admitted the report but permissibly gave it no weight due to lack of qualifications and support |
| Whether expert medical testimony was required to prove causation here | Hayes: his testimony and contemporaneous records suffice (argues medical science may not always identify cause) | Division: complex CF-related issues and non‑immediate/sequela nature of claim require medical proof | Held: Medical expert testimony was necessary given the complex preexisting CF and non‑immediate relationship; Thornberg exception (no expert needed) does not apply |
| Whether alternative causes (chest contusion or pain meds) were sufficiently considered | Hayes: these could support a causal theory without further medical proof | Division: no medical evidence connecting those factors to the hospitalization | Held: OAH reasonably found no medical evidence tying contusion or medications to the later pulmonary event |
Key Cases Cited
- Thornberg v. State ex rel. Wyo. Workers’ Comp. Div., 913 P.2d 863 (Wyo. 1996) (single-incident injuries that are immediate/direct may not require medical testimony to prove causation)
- Jacobs v. State ex rel. Wyo. Workers’ Safety & Comp. Div’n, 301 P.3d 137 (Wyo. 2013) (medical testimony ordinarily required to link worsening of a preexisting condition to work activities)
- Herrera v. State ex rel. Wyo. Workers’ Safety & Comp. Div’n, 236 P.3d 277 (Wyo. 2010) (medical testimony not always required where records and uncontradicted testimony directly establish causal link)
- Murray v. State ex rel. Wyo. Workers’ Safety & Comp. Div’n, 993 P.2d 327 (Wyo. 1999) (causation evaluated in light of all circumstances; claimant may prevail even if specific causal agent is not identified)
- Boyce v. State ex rel. Wyo. Workers’ Safety & Comp. Div’n, 105 P.3d 451 (Wyo. 2005) (expert medical testimony ordinarily required to show aggravation of preexisting condition)
- Dale v. S & S Builders, LLC, 188 P.3d 554 (Wyo. 2008) (substantial-evidence standard and deference to agency weighing of conflicting medical opinions)