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Matter of Zielinsket5/20/1998
Appellant contests the hearing examiner's denial of worker's compensation benefits for occupational asthma. The hearing examiner found that appellant had not reported her claim within the statutory time period and failed to rebut the presumption that the claim be denied pursuant to Wyo. Stat. § 27-14-502 (Repl. 1991). The hearing examiner also found that benefits were precluded because appellant had knowingly engaged in an injurious practice by continuing to smoke cigarettes against her doctor's recommendation. As the hearing examiner correctly applied the statutory mandates regarding appellant's belated report of her claim, we do not address the second basis for the hearing examiner's decision.
Affirmed.
I. ISSUES
Appellant, Carol Zielinske (Zielinske), states the following issues:
I. Whether Carol Zielinske complied with Wyo. Stat. § 27-14-502 in filing her claim.
II. Whether the Division or employer were prejudiced in their investigation or their ability to monitor medical treatment by * * * August 9, 1994, claimant's filing date.
III. Whether the Hearing Officer arbitrarily found that Carol Zielinske had engaged/persisted in the unsanitary or injurious practice of smoking against her doctor's orders as, in reality, no doctor had ordered Carol Zielinske to quit smoking and there was no medical evidence that Carol Zielinske's condition was affected by her smoking.
Appellee, Johnson County School District No. 1 (School District), identifies the following issues:
A. Did the Hearing Officer properly find that Appellant failed to comply with the W.S. § 27-14-502(a) requirement that a claimant file his/her report in the office of the clerk of court within 10 days after the injury became apparent?
B. Did the Hearing Officer properly find Appellant failed to rebut the presumption under W.S. § 27-14-502(c) that the claim should be denied?
C. Did the Hearing Officer properly find Appellant engaged in or persisted in an unsanitary or injurious practice which tended to imperil or retard her recovery?
Appellee, State ex rel. Wyoming Workers' Compensation Division (the Division), simply states the issue as:
A. Were the Hearing Examiner's findings and conclusions supported by substantial evidence and in accordance with law.
II. FACTS
Zielinske was hired as a custodian with the School District in June 1993 and assigned to work at the Meadowlark Elementary School and the administration office. Her duties required close contact with chemicals found in cleaning products used by the School District. Approximately one month after she began her job, Zielinske experienced sinus problems and headaches. Some time that summer, Zielinske approached her immediate supervisor, head custodian Dan Rhoades (Rhoades), and told him the floor wax stripper smelled bad and was giving her headaches. Rhoades relayed this information to the school principal, Bob Tyser (Tyser). Tyser told Rhoades to monitor the situation and that he would check on procuring a respiratory mask.
The School District did not provide respiratory equipment. Neither did Zielinske register any further complaint until June 1994. In the meantime, Zielinske visited the Buffalo Medical Center in Buffalo, Wyoming on several occasions for sinus and respiratory problems. She was told her symptoms were likely caused by her presence in an elementary school environment where children often transmit germs.
Due to her continuing respiratory symptoms, Zielinske contacted the Billings Medical Clinic in Montana for further assessment of her condition.
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