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Matter of Thompson11/6/1998
Appellee received worker's compensation benefits for injuries she allegedly received when she was jarred while operating heavy equipment. Two years later, the employer moved to reopen the case due to mistake pursuant to Wyo. Stat. ยง 27-14-605(a) (1997). On appeal, the employer challenges the hearing examiner's determination that, although there was a mistake, it required only a partial rescission of the benefits paid to appellee. Finding sufficient support in the record for the hearing examiner's conclusions, we affirm.
I. ISSUES
Appellant, E.H. Oftedal & Sons, Inc. (employer), presents the following issues for review:
1. Was substantial evidence presented at hearing for the hearing officer to reasonably conclude that Appellee's pre-existing degenerative disc disease in her low back was significantly aggravated by the alleged work incident of October 1, 1992, and, if so, were the five subsequent low back surgeries necessitated by the work related incident? Did the Appellee present substantial medical testimony to causally connect the work related injury to the five subsequent low back surgeries?
2. Based upon the medical testimony presented at hearing and the findings of fact concerning Appellee's physical activities after October 1, 1992, could the hearing officer reasonably conclude that the incident on October 1, 1992 was causally related to the subsequent back surgeries?
3. Are the hearing officer's ultimate findings of fact arbitrary or contrary to the facts presented at hearing and contrary to the factual findings in the decision letter?
Appellee, Barbara A. Thompson (Thompson), responds with one issue:
Are the overall findings of fact in the hearing examiner's decision on March 5, 1996 supported by substantial evidence and do the legal conclusions, contained in the hearing examiner's conclusions of law contain any errors of law warranting a reversal?
II. FACTS
After working as a flagger for S & L Industries on a road construction project for several months, Thompson accepted the employer's offer of a job as a heavy equipment trainee. Thompson's new employment involved the operation of a "sheepsfoot roller" on the Chief Joseph Highway project in Park County, Wyoming. On October 1, 1992, Thompson was backing up when the machine caught on a large rock and dropped to the ground, throwing Thompson out and back into her seat, jarring her back and her neck. She immediately felt pain in her shoulder and believed she had injured her ribs. Shortly thereafter, Thompson told the lead man on her crew that she had been injured, but completed the last two hours of her work day.
At the end of the day, Thompson's supervisor advised her to go to the emergency room to be examined. The emergency room physician, Dr. John R. Tarr, diagnosed a shoulder strain for which he prescribed pain medication and a sling. Thompson was sent home to rest and was told to return several days later to be re-examined. When she returned, she was seen by Dr. Christopher Smith, who referred Thompson to Dr. Stephen F. Emery, an orthopedic surgeon.
Dr. Emery performed his initial examination of Thompson on October 15, 1992. During her first visit, Dr. Emery diagnosed a muscular problem in the region from Thompson's neck to her mid-back, prescribing physical therapy and anti-inflammatory medications. At her next visit on October 30th, Dr. Emery evaluated Thompson's lower back condition, and expanded his diagnosis to include mechanical low back pain and bursitis of the hip. On November 30, 1992, Dr. Emery treated Thompson for severe headaches, which he believed to be connected to
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