In the Matter of the Worker's Compensation Claim of Todd Jensen, an Employee of R.S. Bennett Construction: Todd Jensen v. State of Wyoming, ex rel., Department of Workforce Services, Workers' Compensation Division
2016 WY 87
| Wyo. | 2016Background
- In 2011 Jensen sustained a compensable work injury (right hip fracture) treated with surgery and later total hip replacement; he developed residual issues including intoeing, limp, weakness, and greater trochanteric bursitis.
- Treating physicians documented abnormal gait, decreased ROM, and noted intoeing sometimes observable when seated; records show complaints of tripping and falls while walking.
- On June 11, 2013, while driving to appointments (including for orthotics), Jensen was in a severe car crash that shattered his right ankle, and broke his left arm and pelvis.
- Jensen claimed the crash occurred because his pigeon‑toed right foot rolled off and became lodged between the brake and accelerator, a condition he attributed to his prior work injury, and sought workers’ compensation for the crash injuries.
- The Division, OAH, and the district court denied benefits, finding Jensen failed to prove by a preponderance that the automobile accident was causally related to the earlier compensable work injury.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did OAH apply correct legal rule (second compensable injury)? | Jensen argued the examiner misapplied a "but‑for" test and thus the wrong rule. | Division argued the second compensable injury rule was the proper standard. | OAH applied the second compensable injury rule; court affirms. |
| Did Jensen prove causal connection between work injury and car accident? | Jensen relied on pre‑accident medical records, treating‑doctor testimony, his own statements at scene and to wife, and testimony that his foot could invert when seated/driving. | Division argued medical testimony was speculative, contemporaneous emergency notes contradicted Jensen, and there was insufficient corroboration that his foot malfunctioned while seated/driving. | Substantial evidence supports OAH: Jensen failed to prove by preponderance that the work injury caused the accident. |
Key Cases Cited
- Fisher v. State ex rel. Wyo. Workers’ Safety & Comp. Div., 189 P.3d 866 (Wyo. 2008) (discussing causation analysis in successive injury claims)
- Alvarez v. State ex rel. Wyo. Workers’ Safety & Comp. Div., 164 P.3d 548 (Wyo. 2007) (second compensable injury rule and direct causal connection standard)
- Ball v. State ex rel. Wyo. Workers’ Safety & Comp. Div., 239 P.3d 621 (Wyo. 2010) (explicating terminology and causation burden for successive injuries)
- In re Kaczmarek, 215 P.3d 277 (Wyo. 2009) (preponderance standard for causal connection)
- Hoffman v. State ex rel. Wyo. Workers’ Safety & Comp. Div., 291 P.3d 297 (Wyo. 2012) (medical testimony that original injury "contributed to" second injury satisfies causation when sufficiently definitive)
- Middlemass v. State ex rel. Wyo. Workers’ Safety & Comp. Div., 259 P.3d 1161 (Wyo. 2011) (opinions framed as "can/could/possibly" are insufficient to meet claimant's burden)