In the Matter of the Worker's Compensation Claim of: Anita J. Fieseler v. State of Wyoming ex rel. Wyoming Workers' Safety and Compensation Division
2013 WY 116
| Wyo. | 2013Background
- Appellant suffered a heart attack while working as a medical/surgical unit charge nurse at Lander Regional Hospital.
- Division denied workers’ compensation benefits under Wyo. Stat. Ann. § 27-14-603(b).
- OAH denied benefits, holding the causative exertion was not unusual or abnormal for a LRH charge nurse.
- Appellant appealed; district court affirmed; Wyoming Supreme Court reviews de novo.
- OAH relied on Loomer v. State ex rel. Wyo. Workers’ Safety & Comp. Div. to define “particular employment.”
- Court affirmed that the correct standard is whether exertion is unusual for the appellant’s employer-specific charge nurse role.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the causative exertion must be unusual for the nursing profession or for the appellant’s employer | Loomer requires employer-specific abnormality | Exertion must be unusual for LRH charge nurse, not nursing generally | Unusual for the employer’s specific role (LRH) is required. |
Key Cases Cited
- Loomer v. State ex rel. Wyoming Workers’ Safety and Compensation Division, 88 P.3d 1036 (Wyo. 2004) (defines ‘particular employment’ and requires stress be unusual for that employment)