In the Matter of the Worker's Compensation Claim of: Kirk Jacobs v. State of Wyoming, ex rel., Wyoming Workers' Safety and Compensation Division
2013 WY 62
| Wyo. | 2013Background
- Jacobs sustained a work-related toe injury in September 1982 requiring surgery and Keflex for infection.
- After Keflex, Jacobs developed chronic abdominal pain with intermittent colitis and other GI symptoms over decades.
- Division awarded temporary total disability and later permanent partial impairment (78%) based on an impairment rating by Dr. Newlin; then denied treatment for abdominal pain in 2003.
- Medical Commission held a contested hearing; subsequent procedural history included remands and prior collateral estoppel/ res judicata disputes.
- Medical Commission ultimately found no credible medical link between the abdominal pain and the 1982 injury or Keflex, affirming the Division’s denial; district court affirmed, and Jacobs appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the commission’s decision supported by substantial evidence? | Jacobs argues temporal relation supports causation despite lack of etiology. | Division/Commission held no credible evidence to prove causation. | Yes, substantial evidence supports rejection of causation |
| Did the 1990 impairment rating establish legal causation for abdominal pain? | The 78% impairment rating was unrefuted evidence of causation. | Impairment rating alone does not establish causation; later medical evidence overrides it. | No, prior impairment rating does not prove causation |
| Did the commission properly apply the burden of proof for a second compensable injury? | Jacobs contends the commission required absolute certainty of causation. | Commission correctly required preponderance of the evidence for causation. | Yes, burden properly applied |
Key Cases Cited
- Anastos v. General Chem. Soda Ash, 120 P.3d 658 (Wy. 2005) (speculative medical testimony insufficient to prove causation)
- Frazier v. State ex rel. Wyoming Workers’ Safety & Comp. Div., 997 P.2d 487 (Wy. 2000) (speculative medical opinions insufficient to prove causation)
- Snyder v. State ex rel. Wyo. Workers’ Comp. Div., 957 P.2d 289 (Wy. 1998) (unavailability of future benefits from prior award; collateral estoppel limits)
- Gray v. State ex rel. Wyo. Workers’ Safety & Comp. Div., 2008 WY 115 (Wy. 2008) (medical causation standard and evidence)
- Middlemass v. State ex rel. Wyo. Workers’ Safety & Comp. Div., 2011 WY 118 (Wy. 2011) (substantial evidence standard for agency findings)