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Yenne-Tully v. Workers' Safety and Compensation Division9/29/2000
Appeal from the District Court of Carbon County: The Honorable Jeffrey A. Donnell, Judge
Brett C. Yenne-Tully (Yenne-Tully) appeals a denial of workers' compensation benefits. Finding that the Hearing Examiner failed to apply the correct burden of proof, we reverse the Order Denying Benefits and remand for reconsideration.
ISSUES
Yenne-Tully presents this statement of the issues:
1. Whether the Hearing Examiner correctly invoked the burden of proof under W.S. 1977 ยง 27-14-603(a).
2. Whether the hearing examiner correctly relied upon the apportionment of an injury between employment-related and nonemployment-related in determining that there had been a failure to meet the burden of proof.
The Workers' Safety and Compensation Division (Division) states the issues as:
The Employee hurt his back at work in 1989, and the Di- vision paid benefits to for an L5-S1 disc injury . After a six-year lapse in benefits his symptoms worsened, and he un- derwent surgery for an L4-L5 disc herniation.
A. Did substantial evidence support the application of the burden of proof for injuries occurring over time?
B. Did the Hearing Examiner properly require proof that the disc herniation was directly caused by work?
FACTS
Yenne-Tully suffered his first back injury when a snow fence fell on him in 1982. He received treatment and missed two or three days of work. He had no further back problems until August 1989, when he fell down a flight of stairs while working as a guard at the Wyoming State Penitentiary. CT scans the following summer revealed a disc bulge at the L3-L4 level, as well as "some significant irregularity, primarily at the L5-S1, more minor at the L4-L5 level." An MRI in December 1991 showed "early degenerative changes of the intervertebral disk at the L5-S1 level, without herniation." The Division paid for Yenne- Tully's conservative treatment for his back through December 1991. Yenne-Tully continued to lead an active life, but experienced constant back pain and had to leave work early or miss work on many occasions. In December 1997, he awoke one morning and could not move due to extreme pain. An MRI the following month revealed a herniated disc at the L4-L5 level. The disc was surgically repaired in January 1998.
Yenne-Tully sought workers' compensation benefits for his surgery, believing the herniated disc to be causally related to his 1989 fall. The Division denied benefits, stating that, " he current condition is due to a herniation at the L4-L5 level which was not effected in the original injury ." A hearing was held at Yenne-Tully's request on September 23, 1998. Four of his co-workers testified that since the 1989 accident, Yenne-Tully complained of, and exhibited symptoms of, back pain. Exhibits included the report and deposition of a physician appointed by the Division to examine Yenne-Tully and review his medical records.
The Hearing Examiner issued an Order Denying Benefits on October 20, 1998. Yenne-Tully sought review in the district court, which affirmed the Hearing Examiner's order. Yenne-Tully then appealed to this court.
STANDARD OF REVIEW
We review workers' compensation cases using the following standard:
The interpretation and correct application of the provisions of the Wyoming Workers' Compensation Act is a question of law over which our review authority is plenary. Tenorio v. State ex rel. Wyoming Workers' Compensation Div., 931 P.2d 234, 237 (Wyo. 1997); Claim of Nielsen, 806 P.2d 297, 299 (Wyo. 1991). Conclusions of law made by an administrative agency are affirmed only if the
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