448 P.3d 834
Wyo.2019Background
- On October 14, 2011, Camacho reported a Lowe’s work-related low‑back injury; he had a long preexisting history of low‑back pain dating to 2006.
- Multiple treating and independent physicians reviewed records and imaging and largely concluded objective findings did not support the severity of his subjective complaints; several attributed a psychological component and questioned that the 2011 incident caused his current symptoms.
- Dr. Reichhardt assigned a 6% whole person impairment with an ascertainable loss date of October 2, 2015; the Division issued a final impairment payment in November 2015 and paid $436.82 on November 10, 2015.
- Camacho requested reconsideration and the Medical Commission hearing was pending (he later withdrew his objection in January 2017), after which the Division considered its impairment award final.
- Camacho filed an application for permanent partial disability (PPD) benefits on February 23, 2017; the Division denied the application as untimely and for failing to satisfy the Division’s work‑search rule; OAH and the district court affirmed.
- The Supreme Court of Wyoming affirmed: (1) OAH correctly calculated the statutory limitations period under Wyo. Stat. § 27‑14‑405(h)(ii) and declined to equitably toll it; and (2) substantial evidence supported OAH’s finding that Camacho failed to prove his 2011 injury caused his inability to return to work.
Issues
| Issue | Camacho's Argument | Division's Argument | Held |
|---|---|---|---|
| Timeliness under § 27‑14‑405(h)(ii) | Application was timely because the Medical Commission proceeding tolled the limitations period until final resolution (Jan 2017) | Statute unambiguous; limitations run from the later of (ascertainable loss +3 months) or (last payment −3 months) and were not tolled | OAH correctly applied statute; no equitable tolling; deadline was Jan 2, 2017, so Feb 2017 filing was late |
| Causation for PPD (unable to return to work because of injury) | Camacho and his fiancée testified his condition worsened after the 2011 injury and prevents work | Medical records and multiple expert reviews show preexisting chronic symptoms, lack of objective findings, and psychological factors; no credible medical opinion tying current inability to the 2011 event | Substantial evidence supports OAH’s finding that Camacho failed to prove his 2011 injury caused his inability to return to work |
Key Cases Cited
- Stallman v. State ex rel. Wyo. Workers’ Safety & Comp. Div., 288 P.3d 707 (Wyo. 2012) (interpreting timing for PPD filings under § 27‑14‑405(h)(ii))
- Dale v. S & S Builders, LLC, 188 P.3d 554 (Wyo. 2008) (explaining substantial‑evidence standard for administrative fact findings)
- In re Lysne, 426 P.3d 290 (Wyo. 2018) (medical testimony required to establish causation when preexisting conditions or complex histories exist)
- Bonsell v. State ex rel. Wyo. Workers’ Safety & Comp. Div., 142 P.3d 686 (Wyo. 2006) (PPD requires inability to return to work caused by the work injury)
- Int’l Ass’n of Fire Fighters Local Union No. 5058 v. Gillette/Wright/Campbell Cty. Fire Prot. Joint Powers Bd., 421 P.3d 1059 (Wyo. 2018) (court will not add words to a statute that the legislature omitted)