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Ikenberry v. State ex rel Wyoming Workers' Compensation Divison5/3/2000
APRIL TERM, A.D. 2000
W.R.A.P. 12.09(b) Certification from the District Court of Carbon County: Honorable Kenneth Stebner, Judge
Appellant, Tim Ikenberry, seeks review of an order of the Office of Administrative Hearings denying his claim for worke's compensation benefits. We determine that the order denying evidence is contrary to the great weight of the evidence and, hence, is arbitrary, capricious, an abuse of discretion, and otherwise not in accordance with law. We reverse with directions that Ikenberr's claim for benefits be granted.
ISSUES
Ikenberry advances these issues:
1. Was the Hearing Examine's decision to deny benefits supported by substantial evidence?
A. Was the Hearing Examine's finding that there were numerous inconsistencies in the evidence presented by the Employee supported by substantial evidence?
B. Did the Hearing Examiner improperly consider evidence unrelated to the Employe's injury ?
2. If the Employe's injury arose out of and in the course of his employment, should benefits be denied because the Employee suffered from a pre-existing condition?
The Appellee, Wyoming Worker' Safety and Compensation Division (Division), rephrases the issues thus:
The Hearing Examiner denied benefits as he found that Employee did not prove the causation element of his case. The Hearing Examiner found that Employee presented numerous inconsistencies. These inconsistencies caused the Hearing Examiner to find Employe's testimony >questionable at best.=
A. Does substantial evidence support the Hearing Examine's findings?
B. Does substantial evidence support a denial of benefits because of the Employe's pre-existing condition or should the Court remand the case to the Hearing Examiner for findings on the issue?
FACTS
Ikenberry, who was thirty-eight years of age at the time of the injury in controversy, was living in Casper when this matter arose. Preliminary to qualifying for parole, he was residing at the Community Alternatives Center (CAC) in a work release program. Ikenberry claimed to have been injured on March 15, 1998, while working at the Flying J Restaurant in Casper, when he slipped and twisted his back while lifting heavy mats out of a dishwasher. He first submitted a AWyoming Report of Occupational Injury or Disease@ on March 16, 1998. Ikenberry testified that he related the result of his accident (that his back ached) to Flossie Reeb (Reeb), his supervisor, shortly after the accident occurred. The day following the injury, Ikenberry formally reported the accident to Reeb, and she transcribed his oral description of the accident thus: AWas doing dish that night said he had a back ache at end of night B had also complained of back ache the night before.@ The report indicated that Ikenberr's normal work hours were from 2:00 p.m. to 10:30 p.m. That report also answered the question, AHas employee been treated for this injury and/or condition before?@ with a question mark (?) and noted, AWhen he went for drug test he was on Darvocet and muscle relaxers Norflex.@ In addition, there were no witnesses listed in the report. Ikenberry filed a second report on March 17, 1998, and he himself wrote the information on that report. That report indicated that his normal work hours were from 6:00 a.m. to 2:00 p.m.; made no mention of previous treatment for Athis injury;@ listed two witnesses to the accident, AFlossy@ and AKate,@ and described the accident thus: AWorking in dish tank lifting heavy mats and lifting heavy tubs of dishes on slippery floor.@ In all other pertinent respects, the reports were about the same.
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