Worker's Compensation Claim of Willey v. State ex rel. Wyoming Workers' Safety & Compensation Division, 2012 WY 144

Willey suffered a work-related injury May 21, 2009, while under a vehicle supported by a backhoe; x-rays suggested a nondisplaced rib fracture.
Treating and evaluating physicians provided competing impairment ratings, including Allegretto (25% WPI, AOMSI) and Uejo/Shih (2% WPI).
Division obtained two additional opinions (Uejo and Shih) after a disagreement over impairment classification; no AOMSI supported by those reports.
Division final determination awarded Willey 2% impairment; Medical Commission held the 2% rating supported and rejected AOMSI classification.
District court affirmed the Medical Commission; Willey appealed to this Court, alleging lack of substantial evidence for the Commission’s decision.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Medical Commission’s decision is supported by substantial evidence.	Willey argues Allegretto’s 25% rating, based on AOMSI, is supported by the record.	Division/Commission contend Shih and Uejo provide substantial evidence conforming to AMA Guides; credibility findings support 2% rating.	Yes; substantial evidence supports the 2% rating against Allegretto’s AOMSI claim.

Dale v. S & S Builders, 2008 WY 84 (Wyo. 2008) (review of factual findings under substantial evidence standard)
Middlemass v. State ex rel. Wyo. Workers' Safety & Comp. Div., 2011 WY 118 (Wyo. 2011) (substantial evidence suffices for agency findings)
In re Worker's Comp. Claim of David v. State ex rel. Wyo. Workers' Safety & Comp. Div., 2007 WY 22 (Wyo. 2007) (agency weighing of expert testimony within Commission’s prerogative)
Spletzer v. Wyo. ex rel. Wyo. Workers' Safety & Comp. Div., 2005 WY 90 (Wyo. 2005) (agency may disregard expert opinion if not supported by facts)
Beall v. Sky Blue Enters., 2012 WY 38 (Wyo. 2012) (deference to credibility determinations; weighing witness testimony)