In the Matter of the Worker's Compensation Claim Of: Karen Hardy v. State of Wyoming, ex rel., Department of Workforce Services, Workers' Compensation Division, 394 P.3d 454

In April 2013 Hardy injured her left shoulder and back while working at Home Depot and sought treatment; subsequent 2013 medical records show no ongoing back complaints when she later treated for a knee injury.
In May 2015 Hardy presented with acute low back pain after lifting at Don’s Supermarket and sought treatment; she later told an orthopedist she had a 2013 Home Depot back injury but did not disclose the May 2015 walk‑in clinic visits to that doctor.
An MRI in 2015 showed an annular tear and facet degenerative changes; Dr. Simpson (orthopedist) opined the 2015 condition could be a continuation of the 2013 injury but expressed uncertainty and relied on Hardy’s history.
The Wyoming Workers’ Compensation Division denied coverage for the 2015 treatment as not causally related to the 2013 work injuries; Hardy requested an OAH hearing.
The OAH hearing examiner found Hardy failed to prove by a preponderance that the 2015 injury was causally connected to the 2013 injury and gave little weight to Dr. Simpson’s opinion because it was based on incomplete/inconsistent history and was speculative.
The district court affirmed the OAH decision; the Supreme Court of Wyoming affirmed, finding substantial evidence supported the agency’s conclusion Hardy did not meet the required burden for a second compensable injury.

Issue	Hardy's Argument	Division's Argument	Held
Whether Hardy’s 2015 back treatment is compensable as a continuation (second compensable injury) of her 2013 work injury	Dr. Simpson’s opinion shows the 2015 condition continued from or was caused by the 2013 injury; absence of rebuttal medical evidence means Hardy met burden	Medical records and testimony show inconsistent histories; Dr. Simpson’s opinion was speculative and based on incomplete information, so Hardy failed to prove causation	Affirmed: Hardy failed to prove by a preponderance that the 2015 injury was causally connected to the 2013 injury; agency decision supported by substantial evidence

Kenyon v. State ex rel. Wyo., Worker’s Safety & Comp. Div., 247 P.3d 845 (Wyo. 2011) (recognizes second compensable injury rule when initial injury ripens into need for additional treatment)
State ex rel. Wyo. Worker’s Safety & Comp. Div. v. Kaczmarek, 215 P.3d 277 (Wyo. 2009) (claimant must show by preponderance that causal connection exists between injuries)
Boyce v. State ex rel. Wyo., Worker’s Safety & Comp. Div., 105 P.3d 451 (Wyo. 2005) (medical testimony expressed only as "possible" is insufficient to meet burden)
DelaCastro v. State ex rel. Wyo. Workers’ Safety & Comp. Div., 321 P.3d 327 (Wyo. 2014) (factfinder may discount expert opinions based on incomplete/inaccurate medical history)
Price v. State ex rel. Dep’t of Workforce Servs., 388 P.3d 786 (Wyo. 2017) (standard of appellate review for agency findings)