 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Workers' Safety And Comp. Div. v. Bruhn12/24/1997
Appellant State of Wyoming ex rel. Wyoming Workers' Safety and Compensation Division (the division) sought judicial review of the hearing examiner's decision to award worker's compensation death benefits to the survivors of Susan Bruhn (the employee). The district court certified the case to this Court pursuant to W.R.A.P. 12.09(b).
We reverse the hearing examiner's decision.
ISSUES
The division seeks our review of the following issue:
A. Was the Hearing Examiner's award of death benefits arbitrary, capricious, an abuse of discretion, and contrary to law, where the fatal injury was not an "injury" and was not proximately caused by an "injury["?]
FACTS
On March 18, 1996, the employee, who had been in Rapid City, South Dakota, for a doctor's appointment, was returning to her home in Gillette when, at about 5:10 p.m., her vehicle skidded on ice and traveled into the ditch. The employee was ejected, and her vehicle rolled over her. She died as a result of the injuries which she sustained in the accident.
The hearing examiner relied upon the following facts, which were stipulated to by the parties, in rendering his findings of fact and conclusions of law:
1. The parties have stipulated to the following facts:
(1) [The employee], now deceased, sustained a compensable injury on or about January 25, 1991, while employed by Pamida Discount Store.
(2) On March 18, 1996, [the employee] had an appointment to be seen and evaluated by Steven K. Hata, M.D., in Rapid City, South Dakota, in connection with treatment and care required for the January 1991, injury . . . .
(3) [The employee] died as a result of an automobile accident which occurred during the early evening hours of March 18, 1996. The March 18, 1996, automobile accident occurred following [the employee's] appointment with Dr. Hata in Rapid City
South Dakota, and during [the employee's] return trip to Gillette, Wyoming, from her appointment with Dr. Hata.
(4) Hobart Dean Bruhn is the Surviving Spouse of [the employee].
(5) Cory Lynn Wittenhagen is a Surviving minor child of [the employee]. Ms. Wittenhagen's date of birth was May 9, 1978, and she was 17 years of age at the time of the injury . Ms. Wittenhagen turned 18 years old on May 9, 1996.
(6) Prior to her death, [the employee] had been awarded a Permanent Partial Impairment Award of 34% or $23,101.98. At the time of death, $9,965.56 remained to be paid out of this award.
(7) The Division has paid Hobart Bruhn an amount equal to the $9965.56 which remained to be paid to [the employee] at the time of her death. This was accepted by Mr. Bruhn as a "partial payment" on survivor's benefits payable pursuant to W.S. § 27-14-403(e).
(8) In the event of an award in favor of Mr. Bruhn for benefits pursuant to W.S. § 27-14-403(e), the amount due and payable to Mr. Bruhn will be reduced by the amount previously paid as set forth in the preceding paragraph.
(End of Stipulation.)
2. The Office further finds that [the employee] was not employed at Pamida at the time of her death, and that the Pamida store in Gillette went out of business months prior to the date of her death.
3. The Office further finds that [the employee] was referred to Dr. Hata (a neurologist in Rapid City) by Dr. Sontag (a chiropractor in Gillette), that there are no neurologists practicing in Gillette, that the appointment with Dr. Hata was at 4:00 p.m., that [the employee] drove over earlier in the day for an MRI session, that the neurologist's appointment
Page 1 2 3 4 Wyoming Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|