Worker's Compensation Claim of Hoffman v. State ex rel. Wyoming Workers' Safety & Compensation Division, 2012 WY 164

Hoffman injured his back in 1994 while working on a drilling rig; ensuing conservative treatment followed by three back surgeries (1995, 2001, 2004) with workers' compensation benefits.
In 2009 Hoffman fell on ice at home, suffering back pain and undergoing a fourth back surgery; he sought workers' compensation, arguing the 2009 surgery was causally connected to the 1994 work injury.
The Wyoming Division denied preauthorization and the Medical Commission denied benefits after a hearing, finding no causal connection between the 1994 injury and the 2009 surgery.
Hoffman pursued district court review, which affirmed the Commission; he appealed, arguing the Commission misapplied the law and the weight of the evidence supports causation.
The case centers on the second compensable injury rule: a subsequent injury is compensable if causally related to the initial compensable injury, with the employee bearing the burden to prove a causal connection by a preponderance of the evidence.
The majority reverses and remands, holding the Commission misapplied Wyoming law and that the evidence from two experts supports a causal connection between the 1994 work injury and the 2009 surgery.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the denial was arbitrary due to misapplication of the second compensable injury rule.	Hoffman: work injury contributed to 2009 surgery; correct standard applied, evidence supports connection.	Division: substantial evidence supports lack of causal connection under the rule.	Reversed; misapplied standard; evidence supports connection.

Davenport v. State ex rel. Wyo. Workers' Safety & Comp. Div., 268 P.3d 1038 (Wyo.2012) (standard for substantial evidence review in workers' comp)
Judd v. State ex rel. Wyo. Workers' Safety & Comp. Div., 233 P.3d 956 (Wyo.2010) (apportionment and standard for second compensable injury guidance)
Camilleri v. State ex rel. Wyo. Workers' Safety & Comp. Div., 244 P.3d 52 (Wyo.2010) (credibility not to be based on a missing stake inference when unsupported)
Moss v. State ex rel. Wyo. Workers' Safety & Comp. Div., 232 P.3d 1 (Wyo.2010) (rejection of credibility based on financial stake in outcome)
Watkins v. State ex rel. Wyo. Med. Comm., 250 P.3d 1082 (Wyo.2011) (special dissent on credibility of treating physicians with financial stake)
Faulkner v. State ex rel. Wyo. Workers' Safety & Comp. Div., 152 P.3d 394 (Wyo.2007) (disallowed apportionment absent statute)