Middlemass v. State Ex Rel. Wyoming Workers' Safety & Compensation Division
2011 WY 118
| Wyo. | 2011Background
- Ms. Middlemass, with a preexisting right-shoulder condition from a 1987 car accident, sought workers' compensation for a 2009 shoulder injury.
- She worked as a packer for Y-Tex Corporation, detailing tasks around a conveyor and box packing; she claimed the injury occurred on February 12, 2009 while reaching for tags.
- MRI revealed three pathologies: a full-thickness supraspinatus tear, a partial infraspinatus tear, and a labrum tear; two conditions preexisted the 2009 incident.
- The Wyoming Division denied benefits, citing the preexisting condition; OAH conducted a contested-case hearing with testimony from Middlemass, a supervisor, and Dr. Biles by deposition.
- The hearing examiner concluded the infraspinatus tear was not proven to be caused by work activities and required medical proof due to the preexisting condition.
- The district court affirmed the OAH decision, and the Wyoming Supreme Court affirmed as well.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether substantial evidence supports lack of causation | Middlemass contends causation was supported by her testimony. | Middlemass's testimony alone is insufficient given preexisting conditions and medical testimony. | Substantial evidence supports the denial; causation not proven. |
| Whether expert medical evidence was required to establish causation | Medical proof unnecessary; claimant's testimony suffices under Thornberg/Wal-Mart principles. | Medical testimony was necessary to prove work-related causation given complex shoulder pathology. | Expert medical testimony was required to establish causation. |
Key Cases Cited
- Thornberg v. State ex rel. Wyo. Workers' Safety & Comp. Div., 913 P.2d 863 (Wyo. 1996) (medical proof may be essential to establish causal connection in some cases)
- Wal-Mart Stores v. Clark, 969 P.2d 550 (Wyo. 1998) (absence of pain evidence not directly dispositive in W.C. cases)
- Boyce v. State ex rel. Wyo. Workers' Safety & Comp. Div., 105 P.3d 451 (Wy. 2005) (medical evidence may be sufficient but not always required)
- Slaymaker v. State ex rel. Wyo. Workers' Safety & Comp. Div., 156 P.3d 977 (Wy. 2007) (burden of proof and standard of review in W.C. cases)
- Dutcher v. State ex rel. Wyo. Workers' Safety & Comp. Div., 223 P.3d 559 (Wy. 2010) (aggravation of preexisting condition requires preponderance proof)
- Kenyon v. State ex rel. Wyo. Workers' Safety & Comp. Div., 247 P.3d 845 (Wy. 2011) (substantial evidence standard; review of agency findings)
- Salas v. General Chemical, 71 P.3d 708 (Wy. 2003) (medical testimony can support causation in W.C. cases)
- Hansen v. Mr. D's Food Center, 827 P.2d 371 (Wy. 1992) (causation when injury is direct or natural result of work)
- Forni v. Pathfinder Mines, 834 P.2d 688 (Wy. 1992) (medical evidence not always required, depending on facts)