In the Matter of the Worker's Compensation Claim Of: Shirlene Hathaway v. State of Wyoming ex rel. Wyoming Workers' Safety and Compensation Division
2014 WY 12
| Wyo. | 2014Background
- Appellant was injured in 1994 while working at the Wyoming State Hospital after being assaulted by a patient.
- Early medical history showed physical injuries with largely psychological interpretations; initial impairment ratings were modest (MMI in 1995 with 7% WPI) while psychological impairment began to be recognized.
- Appellant sought permanent total disability (PTD) benefits in 1998 and again in 2009; the Division denied the later PTD request.
- Medical Commission panel found Appellant’s disabling condition to be psychological (somatoform/pain disorder, PTSD, depression, anxiety) rather than a compensable physical injury.
- District court and Wyoming Supreme Court affirmed the Medical Commission’s denial of PTD benefits, holding that the evidence supported a purely psychological disability under the statute.
- The controlling statutory framework excludes compensable mental injuries unless caused by a compensable physical injury and only allows benefits for six months after healing of the physical injury; the odd lot doctrine also requires a showing not present here.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the Medical Commission’s denial of PTD supported by substantial evidence? | Hathaway argued PTD was warranted under the Act and odd lot doctrine. | Division and Commission held disability was psychological and not tied to a compensable physical injury. | Yes; substantial evidence supports the psychological-only disability ruling. |
| Does the odd lot doctrine apply to Hathaway’s claim? | She contends odd lot entitlement due to combined impairments. | Record shows only psychological impairment; physical impairment not present to satisfy odd lot. | No; odd lot not applicable given the record shows disabling condition is purely psychological. |
Key Cases Cited
- Walton v. State ex rel. Wyo. Workers’ Safety & Comp. Div., 153 P.3d 932 (Wyoming 2007) (somatoform/pain disorders recognized; psychological factors may accompany physical injuries; mental injuries may be real but require compensable basis under law)
- Wheeler v. State ex rel. Wyo. Workers’ Safety & Comp. Div., 245 P.3d 811 (Wyoming 2010) (mental injuries not compensable as per § 27-14-102(a)(xi)(J) when not caused by a compensable physical injury)
- Herrera v. State ex rel. Wyo. Workers’ Safety & Comp. Div., 236 P.3d 277 (Wyoming 2010) (clarifies compensability of mental injuries under statute)
- McIntosh v. State ex rel. Wyo. Workers’ Safety & Comp. Div., 311 P.3d 608 (Wyoming 2013) (affirms substantial evidence standard and odd lot considerations)
- Stallman v. State ex rel. Wyo. Workers’ Safety & Comp. Div., 297 P.3d 82 (Wyoming 2013) (recognizes Medical Commission’s role and credibility determinations in medical evidence)
- McMasters v. State ex rel. Wyo. Workers’ Safety & Comp. Div., 271 P.3d 422 (Wyoming 2012) (odd lot doctrine framework and burden-shifting applicability)