Wheeler v. STATE EX REL. WYOMING WORKERS'SAFETY & COMP. DIV.
2010 WY 161
| Wyo. | 2010Background
- Wheeler, a volunteer firefighter/EMT, responded to an April 18, 2005 fire where two fellow firefighters died in an explosion.
- Wheeler sustained physical injuries (burns, smoke inhalation) but later developed PTSD and major depressive disorder.
- Division initially paid for Wheeler's treatment but denied further claims, asserting mental injuries are not compensable absent a compensable physical injury.
- OAH contested case hearing denied benefits for treatment of Wheeler's PTSD and MDD.
- District court affirmed; Wheeler appealed to Wyoming Supreme Court.
- Court ultimately held that the statute excludes compensability for mental injuries not caused by a compensable physical injury.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Mental injury compensability under § 27-14-102(a)(xi)(J)? | Wheeler contends PTSD/MDD are physical injuries and thus compensable. | Division argues statutory mental-injury carveout excludes such claims absent a compensable physical injury. | Mental injuries not compensable absent a compensable physical injury. |
| Was the OAH decision arbitrary or not in accordance with law? | Wheeler asserts the decision was arbitrary and inconsistent with law. | Division asserts decision supported by substantial evidence and proper legal standards. | Decision not arbitrary; supported by substantial evidence. |
| Constitutionality of § 27-14-102(a)(xi)(J) reviewable in admin appeal? | Wheeler challenges vagueness/unconstitutionality of the statute in this forum. | Division maintains constitutional challenges must be raised by independent action, not admin appeal. | Statutory constitutionality not reviewable in admin appeal; must pursue declaratory judgment action. |
Key Cases Cited
- Frantz v. Campbell County Mem. Hosp., 932 P.2d 750 (Wy. 1997) (exclusion of mental injuries from coverage affirmed)
- Sechrist v. State ex rel. Wyoming Workers' Safety & Comp. Div., 23 P.3d 1138 (Wy. 2001) (unambiguous statute requires clear and convincing proof for compensable mental injury)
- Cook v. Shoshone First Bank, 126 P.3d 886 (Wy. 2006) (mental injury not compensable if not caused by a compensable physical injury)
- Brierley v. State ex rel. Wyoming Workers' Safety & Div., 52 P.3d 564 (Wy. 2002) (suicide-related mental injury may be compensable if caused by a compensable physical injury)
- Greene v. State ex rel. Wyoming Board of Chiropractic Examiners, 204 P.3d 285 (Wy. 2009) (statutory word-by-word interpretation requires effectuation of every term)
- Dale v. S & S Builders, LLC, 188 P.3d 554 (Wy. 2008) (substantial-evidence review framework for agency findings)