249 P.3d 234
Wyo.2011Background
- Dial suffered a work neck injury on June 10, 2004 and underwent fusion surgery on March 15, 2005.
- A 2005 physical capacity evaluation by Rodeman found Dial could not return to heavy work but could perform medium work.
- An IME by Dr. Zondag (Sept. 29, 2005) placed Dial at 26% WPI and within medium work capacity.
- Division initially awarded a PPI and later denied a PPD based on White’s labor market findings showing no 95% wage jobs without driving; later, Dial’s driving restriction and license suspension affected job availability.
- OAH awarded PPD on Nov. 30, 2007; Division petitioned for judicial review and the district court reversed in 2009.
- The Wyoming Supreme Court reversed the district court and remanded to reinstate the OAH order awarding benefits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the OAH award was supported by substantial evidence | Mahaffey argues the record shows Dial could not obtain 95% wage work due to injury | Division contends available jobs at 95% wage exist and Dial’s driving issue is non-work-related | Yes; the OAH award was supported by substantial evidence |
| Whether the district court properly reviewed the OAH decision | Mahaffey contends district court properly reviewed and should not substitute its view | Division argues district court properly assessed substantial evidence | No; district court erred in substituting its judgment; remand warranted |
Key Cases Cited
- Bonsell v. State ex rel. Wyo. Workers' Safety & Comp. Div., 142 P.3d 689 (Wyo. 2006) (factors in loss of earning capacity and deference to agency as fact finder)
- Block v. State ex rel. Wyoming Workers' Safety & Comp. Div., 202 P.3d 1064 (Wyo. 2009) (burden on claimant to show 95% wage loss by preponderance)
- Yother v. State ex rel. Wyoming Workers' Safety & Comp. Div., 173 P.3d 356 (Wyo. 2007) (definition and application of 95% wage requirement)
- Olivas v. State ex rel. Wyoming Workers' Safety & Comp. Div., 130 P.3d 476 (Wyo. 2006) (expert testimony and sufficiency for agency decision)
- Madeley v. State ex rel. Wyoming Workers' Safety & Comp. Div., 134 P.3d 281 (Wyo. 2006) (review standard for completeness of administrative decision)
- Langberg v. State of Wyoming ex rel. Wyoming Workers' Safety & Comp. Div., 203 P.3d 1098 (Wyo. 2009) (equipoise burden-of-proof principles)