In the Matter of the Worker's Compensation Claim Of: William H. Rogers v. Russell Construction Company, Inc.
2016 WY 80
| Wyo. | 2016Background
- Rogers, a Russell Construction employee, claimed he fell while pouring concrete on November 19, 2013, later developing low‑back pain treated in Converse County (x‑rays) and Oklahoma (MRI).
- Co‑workers Palmer and Emery testified they did not see Rogers fall and contradicted parts of his account; Rogers did not seek immediate medical care and continued working.
- Rogers filed a Report of Injury with the Division on January 21, 2014; the Division initially found the injury compensable but Russell contested causation and timeliness.
- Medical records showed preexisting/degenerative lumbar findings (partial sacralization, spondylolisthesis, disc narrowing); the CNP’s letter opined only that findings could be consistent with a fall or jackhammer use.
- OAH denied benefits, finding Rogers failed to prove a compensable work injury and failed to rebut prejudice from late reporting; the district court affirmed and Rogers appealed.
Issues
| Issue | Rogers' Argument | Russell's Argument | Held |
|---|---|---|---|
| Whether Rogers proved a compensable workplace injury (causation) | Rogers argued his fall caused/aggravated his lumbar condition; cited CNP Howard’s opinion that MRI/exam were consistent with his account | Russell argued preexisting degenerative changes explained the condition and medical opinion was speculative; co‑worker testimony undermined the alleged fall | The court held substantial evidence supports OAH’s finding Rogers failed to prove causation and affirmed denial of benefits |
| Whether late filing of Report of Injury prejudiced employer/Division (timeliness) | Rogers argued late report did not prejudice Russell or Division | Russell invoked statutory presumption of denial for untimely report and asserted prejudice | Court did not decide because causation failure was dispositive; OAH had found lack of timely filing and prejudice but appellate review of that issue was unnecessary |
Key Cases Cited
- Leavitt v. State ex rel. Wyoming Workers' Safety & Comp. Div., 307 P.3d 835 (Wyo. 2013) (standards for judicial review of agency findings and arbitrary/capricious safety‑net)
- Stevens v. State ex rel. Wyoming Dep't of Workforce Servs., 338 P.3d 921 (Wyo. 2014) (expert testimony usually required to prove medical causation in workers’ compensation)
- In re Hirsch, 323 P.3d 1107 (Wyo. 2014) (claimant must show compensable physical malady causally connected to workplace incident)
- Guerrero v. State ex rel. Wyoming Dep't of Workforce Servs., 352 P.3d 262 (Wyo. 2015) (medical opinion that an accident could possibly have caused a condition is insufficient to establish causation)
- In re Vandre, 346 P.3d 946 (Wyo. 2015) (deference to agency credibility and weight determinations unless contrary to overwhelming evidence)
- Mize v. North Big Horn Hosp. Dist., 931 P.2d 229 (Wyo. 1997) (recognizing the multifactorial nature of bodily conditions and need for medical proof to distinguish causes)