Mitcheson v. State Ex Rel. Wyoming Workers' Safety & Compensation Division
2012 WY 74
| Wyo. | 2012Background
- Mitcheson suffered a July 8, 2007 tailbone fracture at work on a drill rig, leading to workers' compensation coverage for his coccyx injury.
- Approximately two years later the Division denied payment for medical care related to his tailbone/work injury claim and issued a final determination.
- Mitcheson pursued a contested case hearing; the OAH upheld the Division's denial.
- The district court affirmed the OAH decision, and Mitcheson appealed to the Wyoming Supreme Court.
- The issue centered on whether there was substantial evidence supporting the causal link between the 2007 injury and 2009 back treatment, and on credibility determinations influencing medical opinion evidence.
- The Wyoming Supreme Court affirmed the district court and upheld the OAH ruling denying the medical treatment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was OAH's order supported by substantial evidence given credibility findings? | Mitcheson argues OAH erred by disregarding credibility without substantial basis. | Division contends OAH credibly weighed records and testimony, finding no causal link. | Yes; findings supported by substantial evidence. |
| Did the OAH correctly deny treatment for back pain related to the 2007 injury? | Mitcheson asserts a causal connection between 2007 injury and 2009 treatment was proven. | Division contends lack of credible evidence and inconsistent history negate causal link. | Yes; causal link not established. |
| Was Dr. Bourne/Copeland treatment compensable as diagnostic measures under Snyder and Price decisions? | Mitcheson argues treatments were compensable diagnostic measures to rule out causes of pain. | Division contends there was no objective physiologic basis tying tests to the work injury and Snyder/Price limit compensability for diagnostics. | No; treatments not compensable as diagnostic measures. |
Key Cases Cited
- Dale v. S & S Builders, LLC, 188 P.3d 554 (Wy. 2008) (substantial evidence standard; review of agency findings)
- Beall v. Sky Blue Enters. (In re Beall), 271 P.3d 1022 (Wy. 2012) (credibility deference to hearing examiner)
- Snyder v. State ex rel. Wyo. Worker's Comp. Div., 957 P.2d 289 (Wy. 1998) (diagnostic measures may be non-compensable unless tied to work injury)
- Price v. State ex rel. Wyo. Workers' Safety & Div., 266 P.3d 940 (Wy. 2011) (diagnostic tests to rule out injury not necessarily compensable)
- Taylor v. State ex rel. Wyo. Workers' Safety & Comp. Div., 123 P.3d 143 (Wy. 2005) (credible expert testimony and medical history considerations)