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Workers' Safety And Comp. Div. v. Bruhn12/24/1997
was late in the day so that Dr. Hata would have a chance to review the MRI report prior to seeing [the employee], that [the employee] proceeded home directly after the appointment, that the vehicle rolled at about 5:10 p.m. while she was driving home to Gillette, that there is no evidence of speeding or reckless driving, and that there was no evidence of diverting on a frolic or personal errand not related to the physician's appointment.
5. The Office further finds that apparently [the employee] was driving without wearing her seat belt, but there is no evidence in the record to state whether that fact was causally related to her fatal injuries. In other words, it would be speculative to conclude that the failure to wear her seat belt caused her death, or to conclude that she would not have been injured had she been wearing her seat belt.
CONCLUSIONS OF LAW
2. The Division contends that benefits are awardable only for injuries that occur within the course and scope of employment and that this fatal injury did not occur under such circumstances. This argument was made and noted for the record, but the Office finds that the claim is made under W.S. 27-14-403(e) for benefits "if an injured employee dies as a result of the work related injury. . . . [."] Under that statute it is not necessary to determine whether the fatal injury, even if it is a second injury, occurred in the course and scope of employment, but rather, it is necessary to determine whether the injured employee (already injured by a work related injury) died as a result of the work related injury.
6. The parties generally agreed that the phrase "as a result of" is invested with a burden upon the claimant to show that the work related injury was causally related to the death. Mr. Lesley contended that it was necessary to show that the work injury was the proximate cause of the death, without any intervening or superseding causes. Mr. Cotton urges a broad view of causation.
12. This case involves a chain of causation that is stronger than a mere "but for" line of analysis. [The employee] needed to see Dr. Hata for treatment of her compensable work-related injury , she needed to travel and she was paid for the travel. There is no evidence of a diversion or frolic or side trip, nor of negligence in driving her vehicle. The linkage between the compensable injury and the travel is direct and unbroken.
. . . .
15. This is a close question. Both counsel have provided thorough and incisive analysis. This case presents a legal dispute, not so much a factual dispute. On balance, the Office concludes that the language "as a result of" is broader than the concept of "proximate cause[."] The Legislature chose this language for a reason, and that reason must be because death benefits were not intended to be restricted only to the families of those whose deaths were immediately, solely, primarily or proximately caused by industrial accidents. If the Legislature had intended to be so restrictive, the language it used would have stated that intent.
(Footnote and citations omitted.) The hearing examiner awarded death benefits to the surviving spouse and minor child pursuant to WYO. STAT. § 27-14-403(d) (Supp. 1996) (amended 1996) and (e) (1997). The division petitioned the district court, asking it to reverse the hearing examiner's decision. The district court certified the case to this Court pursuant to W.R.A.P. 12.09(b).
STANDARD OF REVIEW
W.R.A.P. 12.09(a) limits judicial review of administrative decisions to a determination of the matters which are specified in WYO. STAT. § 16-3-114(c) (1997). Section 16-3-114(c) provid
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