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Torres v. State1/27/2005
[ ] Appellant, Lillian Torres (Torres), sought worker's compensation benefits claiming that she suffered a hernia while lifting heavy wet laundry at her workplace, Sage Holiday Inn, LLC, in Cheyenne. Benefits were denied by the Wyoming Workers' Safety and Compensation Division (Division) on the basis that Torres failed to timely report the injury and because she failed to meet the very specific burden of proof that pertains to hernia injuries. Torres objected to the Division's decision to deny benefits and requested a contested case hearing before the Office of Administrative Hearings. The presiding hearing examiner determined that Torres' claim was not timely filed and that she otherwise had not met her burden of proof. Torres then filed a petition for review in the district court and the district court affirmed, embracing the hearing examiner's findings of fact and conclusions of law. We also affirm.
ISSUES
[ ] Torres raises these issues:
1. Is the hearing officer's finding that there was insufficient evidence showing "injury" under Wyo. Stat. § 27-14-603(c) supported by substantial evidence?
2. May a hearing officer find that a claimant has failed to overcome the statutory presumption of prejudice due to "late filing" without notice of the specific nature of the claims and a prehearing determination, or is such a conclusion contrary to law?
The State enlarges on those issues:
I. A claimant seeking workers' compensation benefits for a hernia must meet the heightened burden of proof pursuant to Wyo. Stat. § 27-14-603(c), by clearly proving the hernia is work-related. Substantial evidence supports the hearing examiner's decision Ms. Torres failed to prove her hernia is work-related.
II. Wyo. Stat. § 27-14-502(c) provides a presumption that a claim will be denied if an employee's notice of injury is untimely filed. A claimant may overcome the presumption if a lack of prejudice to the employer and Division is proven by clear and convincing evidence. Ms. Torres claims she made no effort to show the absence of prejudice because she did not receive notice of the timeliness issue, although, the Workers' Compensation Division's Disclosure Statement included the timeliness issue, and the Division included this issue in the Initial Review issued nine months prior to the contested case hearing. The hearing examiner's determination Ms. Torres failed to overcome the presumption of prejudice due to untimely filing is in accordance with law.
FACTS
[ ] On April 25, 2002, Torres submitted a report of injury form to the Division claiming that she suffered a work-related injury on February 20, 2002. Torres worked in the laundry/housekeeping department at the Cheyenne Holiday Inn. The injury suffered was an incisional hernia and its cause, according to Torres, was pulling and tugging at heavy laundry items in order to remove them from washing machines. Management at the Holiday Inn did not believe the injury was work-related.
[ ] In a letter dated May 10, 2002, Laurie Tucker, Human Resources Director of the Holiday Inn, related this information to the Division:
The Holiday Inn-Cheyenne is disputing the Workers' Compensation Claim filed by Lillian Torres as we feel this is not a work-related injury:
* Ms. Torres never at any time told her supervisors or the HR Director that she had been injured on the job.
* On 2/18 Ms. Torres left for lunch, called at the end of her break and told her supervisor she was not coming back as she had a doctor's appointment.
* 2/19 Ms. Torres left for lunch, called at the end of her break and told her superviso
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