Johnson v. State Ex Rel. Wyoming Workers' Safety & Compensation Division
2010 WY 166
| Wyo. | 2010Background
- Carol Johnson, a custodian for Campbell County School District, developed bilateral shoulder pain beginning in 2006.
- The Division granted benefits for both shoulders after May 2008 injury reporting and issued a Final Determination.
- The Division authorized right-shoulder surgery in July 2008; Johnson underwent the surgery in August 2008.
- Johnson requested preauthorization for left shoulder surgery in October 2008; the Division denied, and the matter went to the Medical Commission.
- The Medical Commission held a contested hearing in July 2009 and denied benefits for the left shoulder surgery, with district court affirming.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction to address compensability | Johnson asserts the Commission lacked jurisdiction to reassess compensability after prior award. | Division contends issue was whether surgery is payable, not whether injury is compensable. | Medical Commission had jurisdiction; affirmed denial of surgery. |
Key Cases Cited
- Dale v. S & S Builders, LLC, 188 P.3d 554 (Wyoming 2008) (standard of review for evidentiary and legal conclusions)
- In re Worker's Comp. Claim of David v. State ex rel. Wyo. Workers' Safety and Comp. Div., 151 P.3d 280 (Wyoming 2007) (new claim requires claimant to prove entitlement; each award is separate)
- Martinez v. State ex rel. Wyo. Workers' Comp. Div., 917 P.2d 619 (Wyoming 1996) (collateral estoppel not applying to ongoing claims after initial award)
- Tenorio v. State ex rel. Wyo. Workers' Comp. Div., 931 P.2d 234 (Wyoming 1997) (uncontested award does not preclude new determinations for related claims)
- Newman v. State ex rel. Wyoming Workers' Safety and Compensation Div., 49 P.3d 172 (Wyoming 2002) (articulates 'safety net' of arbitrary and capricious standard)