In the Matter of the Worker's Compensation Claim of: Daniel L. Decker v. State of Wyoming, ex rel., Workers' Safety and Compensation Division
303 P.3d 1134
Wyo.2013Background
- Decker suffered a 2001 work-related injury (initially diagnosed wrist tendonitis, later thoracic outlet syndrome) and received a 4% whole-body permanent impairment rating.
- The Division initially listed pre-injury monthly earnings as $4,290 in a 2001 temporary total disability determination; pay records, however, showed third-quarter-2001 monthly averages of $3,496.65.
- Decker applied for permanent partial disability benefits in December 2010; the Division denied benefits under Wyo. Stat. § 27-14-405(h)(i) after finding he returned to work at a comparable wage.
- OAH used Q3 2001 pay stubs for pre-injury wage ($3,496.65) and Q4 2010 earnings for post-injury wage ($4,355.34), concluding Decker earned >=95% of pre-injury wage and denying benefits.
- The district court affirmed the denial but used a seven-year post-injury average (Q4 2004–Q2 2011) of $3,546.68 for post-injury wage; comparing that to the verified pre-injury $3,496.65, it found Decker earned more post-injury and thus was not entitled to benefits.
- Supreme Court held OAH’s pre-injury wage finding was supported by substantial evidence, but OAH erred by relying on a single-quarter “snapshot” for post-injury wage; the seven-year average better reflected Decker’s true earning capacity, and he earned >=95% of his pre-injury wage, so denial affirmed.
Issues
| Issue | Decker's Argument | Division/District's Argument | Held |
|---|---|---|---|
| Whether Decker’s post-injury wage is less than 95% of his pre-injury wage under Wyo. Stat. § 27-14-405(h)(i) | Use Division’s 2001 figure $4,290 as pre-injury wage or average a long post-injury period (9 or 7 years) to show reduced earning capacity | Pre-injury wage should be based on pay records (Q3 2001 = $3,496.65); post-injury wage reflects recent employment average (district: 7-year average $3,546.68) showing comparable wage | Pre-injury wage $3,496.65 is supported by substantial evidence; proper measure of post-injury wage is the long-term period reflecting true earning capacity (7-year average $3,546.68); Decker earned >=95% so no award |
| Whether OAH abused discretion by relying on a single quarter (Q4 2010) to measure post-injury wage | A multi-year average better reflects long-term earning capacity | Q4 2010 snapshot may misstate sustained earning ability; multi-year average preferred | OAH erred in using a single-quarter snapshot; multi-year (7-year) earnings better represent ability to earn |
| Whether the Division’s 2001 temporary-determination wage ($4,290) is binding | The Division’s 2001 determination, verified with employer, fixes pre-injury wage | Pay stubs and record evidence contradict $4,290; wage must be supported by verifiable records | The 2001 $4,290 figure is not substantiated in the record; the Q3 2001 pay records control |
| Standard of review: scope of appellate review of agency findings | N/A (procedural) | Agency findings of fact reviewed for substantial evidence; legal questions reviewed de novo | Court reviews agency fact findings for substantial evidence and legal conclusions de novo; upheld agency where reasonable and supported |
Key Cases Cited
- Schossow v. State ex rel. Wyo. Workers’ Safety & Comp. Div., 255 P.3d 941 (Wyo. 2011) (comparable wage question is legal; evaluate true ability to earn, not isolated snapshots)
- In re Jensen, 24 P.3d 1133 (Wyo. 2001) (appellate review treats agency decision as if court reviews record directly)
- Newman v. State ex rel. Wyo. Workers’ Safety & Comp. Div., 49 P.3d 163 (Wyo. 2002) (agency findings upheld if supported by substantial evidence)
- Bonsell v. State ex rel. Wyo. Workers’ Safety & Comp. Div., 142 P.3d 686 (Wyo. 2006) (assessing injured employee’s true ability to earn post-injury)
- Dale v. S & S Builders, LLC, 188 P.3d 554 (Wyo. 2008) (substantial-evidence standard and agency factfinding deference)