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State ex rel Wyoming Workers' Safety and Compensation Division v. Jensen6/11/2001
Appeal from the District Court of Sublette County The Honorable D. Terry Rogers, Judge
[ ] Rex C. Jensen was denied worker's compensation benefits for a claim of injury he alleged resulted from manual labor performed at work. Following a hearing, the hearing examiner found that Mr. Jensen failed to file a timely written report of injury in accordance with Wyo. Stat. Ann. § 27-14-502(a) (LEXIS 1999) and failed to demonstrate by clear and convincing evidence that a lack of prejudice had accrued to the Division of Workers' Safety and Compensation (the division) in monitoring medical care or investigating his claim pursuant to Wyo. Stat. Ann. § 27-14-502(c) (LEXIS 1999). The district court reversed and remanded the Order Denying Benefits, and the division appeals. We affirm the district court's conclusion that a presumption of claim denial did not arise and its remand to the hearing examiner for a determination of compensability.
ISSUES
[ ] The State of Wyoming ex rel. Wyoming Workers' Safety and Compensation Division presents the following issues for our review:
A Hearing Examiner found the Employee filed an untimely injury report and failed to overcome the presumption that his claim should be denied.
A. Was the district court's decision improper?
B. Was the Hearing Examiner's decision to grant judgment as a matter of law at the end of the Employee's case supported by substantial evidence, within his discretion, and in accordance with law?
Mr. Jensen phrases the issues as follows:
A Hearing Examiner found the employee filed an untimely injury report and failed to overcome the presumption as to the Division that his claim should be denied.
The district court's decision overruled the Hearing Examiner's ruling.
1[.] Was the district court's decision improper?
2. Was the Hearing Examiner's grant of a Rule 52(c) motion for judgment as a matter of law procedurally proper?
3. Did the Hearing Examiner properly render findings of fact and conclusions of law in accordance with W.S. § 16-3- 110?
4. What is the definition of injury under W.S. § 27-14- 502?
5. Did the Hearing Examiner properly construe and apply W.S. § 27-14-502?
6. Was there substantial evidence to support the Hearing Examiner's decision that the employee did not timely report his injury by filing a report of injury in accordance with W.S. § 27- 14-502 and/or was there overwhelming evidence supporting the employee['s] contention he did timely report his injury?
FACTS
[ ] Mr. Jensen alleges that, on or about February 26, 1998, he sustained a work-related lower back injury while lifting heavy wood trusses and 4' x 8' sheets of plywood. Mr. Jensen claims he made a timely oral report of his injury to his supervisor either that day or the following day pursuant to § 27-14-502(a). He did not work the next four days due to soreness in his back. At that point, he believed nothing more serious than muscle strain was to blame for his discomfort. He returned to work that Friday for a half day and then saw a doctor the following Monday, March 9, 1998. The doctor prescribed muscle relaxants and pain medication and told him to rest. The doctor informed Mr. Jensen that his back would "clear nicely." The doctor also testified that he sees a half dozen people every day for the kind of low back pain Mr. Jensen had experienced "and the vast majority of those folks are cleared up with one or, at most, two treatments."
[ ] After not working the balance of the week to rest his back pursuant to doctor's orders, Mr. Jensen returned t
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