Worker's Compensation Claim of Price v. State ex rel. Wyoming Workers' Safety & Compensation Division
2011 WY 160
| Wyo. | 2011Background
- Appellant Valerie Price sustained a December 25, 2004 work-related slip and fall causing right hip, shoulder, and elbow injuries; she received workers' compensation benefits for these injuries and an umbilical hernia.
- Throughout early 2005, Price was treated by Dr. Harp, with x-rays showing no bone injury and physical therapy planned for shoulder impairment.
- February 2005 MRI of the right shoulder showed a clavicle fracture; later surgery to repair the clavicle was performed after persistent pain.
- Post-surgery, Price was placed on physical therapy and returned to work without restriction by May 2005; later records questioned the shoulder pain’s link to the initial injury.
- September 2005 to December 2005, multiple doctors could not identify a shoulder source; MRI ultimately interpreted as normal for shoulder pathology, with later notes suggesting neck-related causes.
- In 2006 and 2009, additional medical opinions and MRIs were obtained; the Division denied reimbursement for the 2009 cervical spine MRI and associated x-rays as not work-related; OAH denied coverage; Price appealed unsuccessfully to district court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there substantial evidence the cervical MRI costs were work-related? | Price argues diagnostic MRI may be compensable to rule out non-work-related cervical issues. | Division contends cervical spine issues were not caused by the December 2004 accident and tests were not work-related. | No; substantial evidence supported denial. |
| Did the evidence support that any cervical spine injury was caused by the work accident? | Price contends shoulder pain derives from cervical spine injury caused by the fall. | Division and reviewing courts found no cervical injury causally connected to the fall. | Insufficient nexus; denial affirmed. |
Key Cases Cited
- Snyder v. State ex rel. Wyo. Worker's Comp. Div., 957 P.2d 289 (Wyo. 1998) (diagnostic testing may be compensable to rule out non-work-related causes)
- Dale v. S&S Builders, 188 P.3d 554 (Wy. 2008) (substantial evidence standard for agency findings)
- Thomas v. Star Aggregates, Inc., 982 P.2d 714 (Wyo. 1999) (non-weighing of evidence; deference to Hearing Examiner)