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Phillips v. Tic--The Industrial Co. of Wyoming4/8/2005
nd deference to a hearing examiner's findings of fact if they are supported by substantial evidence. Haagensen v. State ex rel. Workers' Comp. Div., 949 P.2d 865, 867 (Wyo.1997). Our task is to examine the entire record to determine whether substantial evidence supported the hearing examiner's findings. State ex rel. Wyo. Workers' Comp. Div. v. Waggener, 946 P.2d 808, 814 (Wyo.1997). We will not substitute our judgment for that of the hearing examiner when substantial evidence supports his decision. Id. Substantial evidence is relevant evidence which a reasonable mind might accept in support of the agency's conclusions. Id. A hearing examiner's conclusions of law are afforded no special deference and will be affirmed only if truly in accord with law. State ex rel. Wyo. Workers' Comp. Div. v. Barker, 978 P.2d 1156, 1159 (Wyo.1999).
Hermosillo v. State ex rel. Wyoming Workers' Safety and Compensation Div., 2002 WY 175, 6, 58 P.3d 924, 926 (Wyo. 2002). However, hen the party charged with the burden of proof has failed to meet that burden, we review the case under the arbitrary, capricious, abuse-of-discretion, or otherwise-not-in-accordance-with-law standard. Brees v. Gulley Enterprises, Inc., 6 P.3d 128, 132 (Wyo.2000); Keck v. State ex rel. Wyoming Workers' Safety and Compensation Div., 985 P.2d 430, 432 (Wyo.1999).
"Under the arbitrary, capricious and abuse of discretion standard, we are charged with examining the entire record. In our examination and review of a hearing examiner's determination, we defer to the hearing examiner's findings of fact. We will examine conflicting and contradictory evidence to see if the hearing examiner reasonably could have made its findings based on all the evidence before it. The findings of fact may include determinations of witness credibility, as the hearing examiner is charged with determining the credibility of the witnesses. In our review, we will not overturn the hearing examiner's determinations regarding witness credibility unless they are clearly contrary to the overwhelming weight of the evidence."
Brees, 6 P.3d at 132.
In re Boyce, 2005 WY 9, 6, 106 P.3d 451, 454 (Wyo. 2005).
The hearing examiner, as the trier of fact, is charged with weighing the evidence and determining the credibility of witnesses. . . . "When presented with medical opinion testimony, the hearing examiner, as the trier of fact, is responsible for determining relevancy, assigning probative value, and ascribing the relevant weight to be given to the testimony." Bando v. Clure Bros. Furniture, 980 P.2d 323, 329 (Wyo.1999). "In weighing the medical opinion testimony, the fact finder considers: (1) the opinion; (2) the reasons, if any, given for it; (3) the strength of it; and (4) the qualifications and credibility of the witness or witnesses expressing it." Id. at 329-30. "Demonstrating evidentiary contradictions in the record does not establish the ruling was irrational, but we do examine conflicting evidence to determine if the agency reasonably could have made its finding and order based upon all of the evidence before it." Id. at 331.
Baxter v. Sinclair Oil Corp., 2004 WY 138, 9, 100 P.3d 427, 430-31 (Wyo. 2004).
DISCUSSION
Relevant Statutes
[ ] Wyo. Stat. Ann. ยง 27-14-403(a) (LexisNexis 2001) provided, in pertinent part:
(a) In addition to payment of medical and hospital care . . ., an injured employee and his dependents may be entitled to one (1) or more awards for:
(i) Temporary total disability;
(ii) Permanent partial impairment;
(iii) Permanent partial disability or vocational rehabilitation as provided under W.S.
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