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Yenne-Tully v. State ex rel Wyoming Workers' Safety and Compensation Division6/18/2002
27-14-102(a)(xi)(G) makes an exception for normal aging, but contends that cumulative trauma "would be anything but normal aging." Subsection (G) excludes not only injuries due primarily to normal aging, but also those due primarily to the normal activities of day-to-day living. Dr. Nielson described cumulative trauma as "just day to day life" and "the work from daily living . . .."
[ ] This Court has stated that the phrase "day-to-day living," as used in Wyo. Stat. Ann. § 27-14-102(a)(xi)(G) describes those activities that a worker's employer does not have the right to control. State ex rel. Wyoming Workers' Safety and Compensation Div. v. Sparks, 973 P.2d 507, 511 (Wyo. 1999). Common actions such as getting out of a car or bending to pick up a pen are not considered activities of day-to-day living when performed in the course of employment. In re Worker's Compensation Claim of Keck, 985 P.2d 430, 433 (Wyo. 1999); Sellers v. State ex rel. Wyoming Workers' Safety and Compensation Div., 979 P.2d 959, 960 (Wyo. 1999). Recreational activities, performed outside the workplace, or household chores are beyond the control of the employer and would be characterized as day-to-day living activities. We conclude that the cumulative trauma responsible for the majority of the appellant's injury is attributable to day-to-day living, and the appellant does not have a compensable injury pursuant to Wyo. Stat. Ann. § 27-14-102(a)(xi).
[ ] The hearing examiner denied the appellant benefits for his herniated disc, and we conclude that there is substantial evidence to support the hearing examiner's factual findings. We agree with the hearing examiner that the appellant failed to prove that he was entitled to benefits under the second compensable injury rule. The hearing examiner's decision is affirmed.
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