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Anastos v. General Chemical Soda Ash9/27/2005
Before HILL, C.J., and GOLDEN, KITE, VOIGT, and BURKE, JJ.
[ ] Thomas Anastos was injured while working for General Chemical Soda Ash. The Wyoming Workers' Compensation and Safety Division awarded Anastos temporary total disability benefits for diagnosis and treatment of a back injury it deemed to be work-related. Anastos' doctor released him to return to work and the Division awarded an eight percent permanent partial impairment rating, thereby terminating Anastos' temporary total disability benefits. Anastos objected to the eight percent permanent partial impairment rating, because he claimed that he continued to suffer from headaches and vision problems resulting from the work injury. The matter was referred to the Medical Commission, which held a contested case hearing. The Medical Commission determined that Anastos failed to prove his headaches were caused by his work-related injury and that he was not, therefore, entitled to temporary total disability benefits after November 9, 2001. This appeal is from the district court's affirmance of the Medical Commission's determinations.
ISSUES
1. Whether the Medical Commission's denial of worker 's compensation benefits for Anastos' headaches was supported by substantial evidence?
2. Whether the Medical Commission's denial of temporary total disability benefits after November 9, 2001, was supported by substantial evidence?
FACTS
[ ] On April 28, 2001, Anastos was injured while working as a mine hoist operator for General Chemical. Anastos met with Dr. Lee Balka, the company physician, on May 1, 2001. Dr. Balka diagnosed Anastos with a rhomboid muscle strain, prescribed an anti-inflammatory, and allowed him to return to work with orders to contact the doctor if the strain did not resolve itself within ten days. Anastos claims that he also reported headaches to Dr. Balka, but the doctor's records contain no mention of such headaches. Following his visit with Dr. Balka, Anastos returned to work and continued working in his capacity as a hoist operator until June 7, 2001.
[ ] On May 30, 2001, Anastos called the Division to report the injury. The report described Anastos' injury as "picking up weight felt pain in back." On June 12, 2001, Anastos signed the employee's report of injury and added to the description of the injury, "neck, shoulders, legs, knees, feet, hip and head." General Chemical's report of the injury referred to Dr. Balka's notes and described Anastos' injury as a rhomboid muscle strain and indicated that it believed the injury was work-related. Treatment for Anastos' back injury was not contested by either the Division or General Chemical, and the Division issued a Final Determination finding that Anastos' back injury was compensable.
[ ] On June 1, 2001, Anastos went to see Dr. John Whipp, an orthopedic surgeon. Dr. Whipp's notes indicate that Anastos was suffering from pain in the right shoulder and lower back. Although Anastos claims that he complained of headaches to Dr. Whipp at this time, Dr. Whipp's records reflect no such complaint. Dr. Whipp saw Anastos again on June 15, 2001. Once again, Dr. Whipp's records contain no mention of headaches; however, he testified that he thought headaches would have been one of the symptoms prompting a neurological referral. Dr. Whipp described Anastos' complaints as "bizarre" and referred Anastos to Dr. Peter Crane, a neurologist.
[ ] Dr. Crane examined Anastos on July 18, 2001. A follow-up letter from Dr. Crane to Dr. Whipp represents the first documented report of Anastos' headaches. Although Dr. Crane found it "difficult to get a good history from [Anastos]," he described Anastos' symptoms
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