Background

• Torres claimed the August 2007 back surgery was causally related to a December 2006 work injury.
• Torres had preexisting degenerative back disease from prior injuries and imaging in 2004 showed degenerative changes.
• Division initially awarded benefits for the December 2006 injury, then denied medical and TTD benefits for the 2007 surgery.
• OAH heard testimony from Torres and considered opinions of Dr. Beer, Dr. Ross, and Dr. Simpson; credibility and evidentiary weight were contested.
• Hearing examiner found no causal link between the 2006 incident and the 2007 fusion surgery; district court affirmed.
• Wyoming Supreme Court affirmed, holding substantial evidence supported the denial of benefits.

Issues

Key Cases Cited

• Dale v. S & S Builders, LLC, 188 P.3d 554 (Wyoming 2008) (defers to agency factual findings and reviews legal conclusions de novo)
• McIntosh v. State ex rel. Wyoming Medical Comm'n, 162 P.3d 483 (Wyoming 2007) (administrative review standards and substantial evidence)
• Hanks v. City of Casper, 16 P.3d 710 (Wyoming 2001) (causation burden and proof standards in workers' compensation)
• Lindbloom v. Teton International, 684 P.2d 1388 (Wyoming 1984) (employer takes employee as found; aggravation framework for preexisting conditions)
• Boyce v. State ex rel. Wyoming Workers' Safety & Comp. Div., 105 P.3d 451 (Wyoming 2005) (expert testimony and apportionment standards in preexisting conditions)
• Spletzer v. State ex rel. Wyo. Workers' Safety & Comp. Div., 116 P.3d 1103 (Wyoming 2005) (credibility determinations and weight given to medical opinions)
• Watkins v. State ex rel. Wyoming Medical Comm'n, 250 P.3d 1082 (Wyoming 2011) (administrative decision weighing medical opinions)