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Spletzer v. State ex rel Wyoming Workers' Safety and Compensation Division8/9/2005
Before HILL, C.J., and GOLDEN, KITE, VOIGT, and BURKE, JJ.
[ ] Between 1987 and 1990, the appellant, Carl Spletzer (Spletzer), suffered compensable work-related injuries when he inhaled toxic fumes while working as a welder. From approximately 1990 to 2001, the Wyoming Workers' Safety and Compensation Division (the Division) paid medical benefits for treatments related to Spletzer's injury. However, in December of 2001, the Division denied three claims submitted by Spletzer finding that they were not related to his 1990 work-place injury. Spletzer requested a contested case hearing and the matter was referred to the Office of the Medical Commission (the Commission). The Commission found that Spletzer failed to meet his burden of proving that his 2001 claims were related to his compensable work injury. Spletzer appealed the Commission's decision to the district court. After the district court affirmed, Spletzer filed a timely appeal to this Court.
ISSUES
[ ] Spletzer presents four issues for our review:
1. Did the Medical Commission exceed its subject matter jurisdiction by ruling on an issue that was not referred to ?
2. Did the Medical Commission follow proper procedure required by law?
3. Did the Medical Commission act arbitrarily, capriciously, abuse its discretion, or otherwise not act in accordance with law within the meaning of W.S. §16-3-114(c), in denying Appellant's medical treatment of chronic respiratory and arthritic conditions?
4. Was the Medical Commission's decision denying benefits supported by substantial evidence within the meaning of W.S. §16-3-114(c)?
FACTS
[ ] From 1987 through 1991, Spletzer was employed by Sunland Services as a welder at a Chevron fertilizer plant in Rock Springs. He described the work environment as follows:
I was working on a shutdown in the plant where they were taking pipes apart, taking equipment apart, replacing equipment. They would wash everything down, but there would still be active fumes in the plant. And I was working in the plant. We were working 16, 18-hour days five days a week, seven days a week. All I would know is I would be working in the plant like maybe two or three days and I would wake up the next morning with a terrific sore throat, headache, flulike symptoms, real tremendous body aches. I would have to take a day off work or two days off work. I wouldn't get any better. I would lose my voice. Then I would go to a physician and they would prescribe medicine for me.
As a result of those ailments, Spletzer filed a worker's compensation claim on March 27, 1990. On December 5, 1990, the Division issued a formal determination stating that it would "review, audit and pay claims related to bronchitis, but will not allow any claims to be paid on conditions related to arthritis." The Division paid for treatment and diagnosis of Spletzer's medical condition over the course of several years.
[ ] In August of 2001, the Division requested that Dr. Terry Brown perform an independent file review in order to provide the Division with an opinion regarding whether Spletzer's ongoing medical conditions were related to or caused by the 1987-1990 work-related exposure to toxic chemical fumes. Dr. Brown's review encompassed Spletzer's medical records from July 1987 through February 2001. The Division requested that Dr. Brown answer five specific questions, which questions, and Dr. Brown's responses, follow:
1. What current ailments are directly attributable to the 1990 hazardous materials exposures while working at SF Phosphates Fertilizer plant in Rock Springs?
There is minimal
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