Morris v. State ex rel. Department of Workforce Services, Workers' Compensation Division
2017 WY 119
Wyo.2017Background
- Sarah Morris, an LPN, injured her neck and low back lifting a heavy loveseat at work in Feb 2011; she underwent cervical and lumbar fusions in 2011–2012.
- The Division paid temporary total disability (TTD) benefits while she recovered, then in Nov 2012 obtained independent PPI evaluations (Drs. Ruttle and Nieves) rating 11% whole person and terminated TTD as of Nov 7, 2012.
- Treating providers continued to treat her pain (injections, rhizotomy, pain management) and some recommended a spinal cord stimulator trial; Division denied preauthorization.
- Morris sought benefits for a right knee complaint (July 2012); the Division denied it as unrelated to the work injury.
- The Medical Commission upheld the Division on: (1) MMI/termination of TTD, (2) PPI rating, (3) denial of the spinal cord stimulator, and (4) denial of knee benefits; the district court affirmed and Morris appealed to the Wyoming Supreme Court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Morris had reached Maximum Medical Improvement (MMI) and TTD could be terminated | Morris: still receiving pain treatment; treating doctors said not at MMI | Division: independent evaluators found fusion healed, underlying condition stabilized, further care palliative; statutory/regulatory MMI met | Affirmed — substantial evidence supports MMI and termination of TTD |
| Whether spinal cord stimulator recommendation precluded MMI finding | Morris: stimulator trial shows further treatment could improve condition | Division: stimulator would be palliative for pain and not alter underlying impairment; psychiatric issues contraindicated trial | Affirmed — stimulator recommendation does not prevent MMI finding; denial of preauthorization upheld |
| Credibility weight between treating physicians and independent evaluators | Morris: treating surgeons/physicians more persuasive that recovery not complete | Division: independent evaluators’ opinions more consistent with objective findings and legal standards | Affirmed — Commission permissibly credited Division’s experts over treating physicians |
| Whether right knee condition was work-related | Morris: knee pain caused by kneeling because fusion prevented bending | Division: no medical evidence linking knee problem causally to workplace injury | Affirmed — Morris failed to prove causal connection; benefits for knee properly denied |
Key Cases Cited
- Phillips v. TIC-The Indus. Co. of Wyo., 109 P.3d 520 (Wy. 2005) (explains MMI and when healing/stabilization ends for TTD termination)
- Guerrero v. State ex rel. Dep’t of Workforce Servs., 352 P.3d 262 (Wy. 2015) (standard for appellate review of agency decisions)
- Dale v. S & S Builders, LLC, 188 P.3d 554 (Wy. 2008) (substantial-evidence review and weighing of conflicting proof)
- Gerdes v. State ex rel. Wyo. Workers’ Comp. Div., 951 P.2d 1170 (1997) (ascertainable loss typically measured at MMI)
- Willey v. State ex rel. Wyo. Workers’ Safety & Comp. Div., 288 P.3d 418 (Wy. 2012) (agency’s role in weighing medical testimony)
- Johnson v. State ex rel. Wyo. Workers’ Safety & Comp. Div., 321 P.3d 318 (Wy. 2014) (burden to show causal connection for conditions developing after initial injury)
- Thornberg v. State ex rel. Wyo. Workers’ Comp. Div., 913 P.2d 863 (1996) (when medical evidence of causation is required)