In the Matter of the Worker's Compensation Claim of: Allen Trump v. State of Wyoming, ex rel., Wyoming Workers' Safety and Compensation Division
2013 WY 140
| Wyo. | 2013Background
- Allen Trump sustained workplace knee injuries in 1993 (reported pain in both knees); he had multiple right-knee surgeries and a left knee arthroscopy in 1994.
- Over the next 15+ years his records show sporadic complaints about knees, heavier emphasis on right-knee treatment; limited, ambiguous documentation of continuous left-knee care.
- In July 2009 Dr. Kuhn evaluated Trump for left-knee pain and requested preauthorization for left-knee arthroscopy; the Division ordered an independent exam by Dr. Rangitsch.
- Dr. Rangitsch concluded the 2009 left-knee problem was unlikely related to the 1993 injury and denied preauthorization; Division denied benefits.
- Trump requested a contested-case hearing; the OAH credited Dr. Rangitsch over Dr. Kuhn and found Trump failed to prove causation. The district court affirmed; this appeal followed.
Issues
| Issue | Trump’s Argument | Division’s Argument | Held |
|---|---|---|---|
| Whether OAH’s no-causation finding is supported by substantial evidence | Trump: treatment history and continued symptoms show causal link from 1993 injury to 2009 left-knee condition | Division: independent IME and medical record gaps support finding no causal link after 15 years | Held: Affirmed — substantial evidence supports OAH’s credibility choice and lack of causal connection |
| Whether OAH abused discretion by excluding Trump’s testimony about Dr. Carson’s statements (hearsay) | Trump: treating surgeon’s opinion is material; hearsay admissible in administrative hearings | Division: plaintiff’s testimony about another doctor’s opinion is untrustworthy and prevents cross-examination | Held: Affirmed — exclusion not an abuse of discretion because the proffer contradicted Dr. Carson’s records and lacked trustworthiness and probative value |
Key Cases Cited
- Anastos v. Gen. Chem. Soda Ash, 120 P.3d 658 (Wyo. 2005) (medical expert testimony that work more-probably-than-not contributed to injury suffices for causation)
- Dale v. S & S Builders, LLC, 188 P.3d 554 (Wyo. 2008) (substantial-evidence standard for administrative findings)
- Middlemass v. State ex rel. Wyo. Workers’ Safety & Comp. Div., 259 P.3d 1161 (Wyo. 2011) (agency findings supported if record provides a rational premise)
- Hayes v. State ex rel. Wyo. Workers’ Safety & Comp. Div., 307 P.3d 843 (Wyo. 2013) (agency as factfinder weighs conflicting medical opinions)
- Watkins v. State ex rel. Wyo. Med. Comm’n & Wyo. Workers’ Safety & Comp. Div., 250 P.3d 1082 (Wyo. 2011) (hearsay admissible in administrative hearings when probative, trustworthy, credible)
- Whaley v. Alaska Workers’ Comp. Bd., 648 P.2d 955 (Alaska 1982) (upholding exclusion of claimant’s testimony recounting physician’s statements where untrustworthy)