Joseph Daniel Polzer v. State of Wyoming, ex rel. Department of Workforce Services, Workers' Compensation Division
2025 WY 104
Wyo.2025Background
- Polzer fell into a manhole during a 12/28/2020 work site incident, injuring his right shoulder, left knee, and lower back.
- Division initially found those injuries compensable but did not include cervical spine injury at that time.
- In February 2021 Polzer sought coverage for cervical spine surgery; the Division denied causation between the neck injury and the work accident.
- Division referred the matter to the Office of Administrative Hearings (OAH); the OAH concluded the cervical spine injury was not caused by the work accident.
- Polzer challenged the decision in district court; the district court affirmed, and Polzer timely appealed to the Wyoming Supreme Court.
- The pivotal issue is whether the Division properly referred a medically contested question to OAH rather than to the Medical Commission, based on conflicting medical evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the cervical spine causation issue medically contested requiring Medical Commission referral? | Polzer: causation required medical judgment on conflicting evidence. | Division: not medically contested; OAH appropriate. | Yes; it was medically contested and should have been referred to the Medical Commission. |
Key Cases Cited
- McIntosh v. State ex rel. Wyo. Med. Comm’n, 2007 WY 108 (Wy. 2007) (referral to Medical Commission when primary issue requires medical judgment)
- Bando v. Clure Bros. Furniture, 980 P.2d 323 (Wy. 1999) (mandatory referral to Medical Commission for medically contested cases)
- French v. Amax Coal W., 960 P.2d 1023 (Wy. 1998) (medically contested issues can prompt referral to Medical Commission)
- Jacobs v. State ex rel., Wyo. Med. Comm’n, 118 P.3d 441 (Wy. 2005) (Medical Commission must return to Division when no medically contested issues)
- Lysne; Matter of Lysne, 426 P.3d 290 (Wy. 2018) (causation generally a medical-judgment inquiry when contested)
- Hart v. State ex rel. Dep’t of Workforce Servs., Workers’ Comp. Div., 512 P.3d 640 (Wy. 2022) (causation is a factual question requiring medical evidence)