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Brees v. Gulley Enterprises5/5/2000
APRIL TERM, A.D. 2000
Appeal from the District Court of Natrona County Honorable David B. Park, Judge
Appellant Dora Brees (Brees) appeals the denial of her claim for worker's compensation benefits and her motion for reconsideration after a hearing examiner determined that she had failed to prove the material aggravation of a pre-existing condition.
We affirm.
ISSUES
Brees presents these issues for our review:
1. Whether there was substantial evidence to support the determination of the hearing examiner denying compensability.
2. Whether the hearing examiner erred as a matter of law in denial of the Motion for Reconsideration.
Appellee Wyoming Workers' Safety and Compensation Division (Division) presents this single statement of the issue:
The Employee claimed she hurt her back on her third day at work; a Hearing Examiner denied benefits because of her prior back injuries and congenital back problems.
A. Was the Hearing Examiner's decision supported by substantial evidence and within her discretion?
Brees' employer, Appellee Gulley Enterprises, Inc. (Gulley), states the issues as:
1. Whether the Decision of the Office of Administrative Hearings denying benefits to the Employee-Claimant is supported by substantial evidence.
2. Whether the Decision of the Office of Administrative Hearings denying the Employee-Claimant's Motion for Reconsideration is supported by substantial evidence and not contrary to law.
FACTS
Brees claimed to have sustained a back injury on August 31, 1997, while performing her duties as a waitress. Brees was pushing a heavily laden cart that caught on something and held. She pushed and twisted the cart to free it and that motion caused pain in her back. She finished her shift; however, her pain increased and the next day her supervisor directed her to be examined at the local hospital. X-rays were taken and were not unusual; however, an MRI indicated bulging discs at two levels. She was treated and eventually referred to a neurosurgeon and underwent surgery for herniated discs at the L4-5 and L5-S1 levels. She applied for worker's compensation benefits, and the Division denied her benefits because of a pre-existing condition.
Brees had been seen for back pain following a slip and fall on ice on February 5, 1997, and treated conservatively with heat and medication. There was no suggestion of any need for surgery, and the x-rays of her lumbar spine were "unremarkable." Brees was also examined on March 17, 1997, for back and lower back pain and again no abnormalities were noted in the x-rays, and she was again treated with heat and medication.
At the hearing, Brees claimed that the back pain she experienced on February 5 was not an injury , and claimed that she was seen on March 17 for hip pain and not back pain. The Division and Gulley had a general surgeon, Dr. Greer, review the medical records, and he testified by deposition that the medical reports from February 5 and March 17 indicated Brees had complained of low back pain and pain radiating into her leg. He testified that these symptoms are consistent with nerve root damage and opined that Brees' injury was a chronic injury. Brees' neurosurgeon, Dr. Metz, testified by deposition, and in its conclusions of law, the hearing examiner ruled that Dr. Metz testified that Brees' condition was the result of the August 31, 1997, injury. The hearing examiner further concluded:
3. . . . That it was the testimony of Dr. Metz that he was not made aware that the Employee-Claimant had suffered from any pr
Page 1 2 3 4 5 6 Wyoming Personal Injury Attorneys
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