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Summary 2009 WY 102

Summary of Decision issued August 18, 2009

Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court.

Case Name: Glaze v. State, ex rel., Wyoming Workers? Safety and Comp. Div.

Citation: 2009 WY 102

Docket Number: S-08-0231

Appeal from the District Court of Sublette County, the Honorable Norman E. Young, Judge.

Representing Appellant Glaze: James R. Salisbury of Riske, Salisbury & Kelly, PC, Cheyenne, Wyoming.

Representing Appellee State: Bruce A. Salzburg, Attorney General; John W. Renneisen, Deputy Attorney General; James Michael Causey, Senior Assistant Attorney General.

Facts/Discussion: Glaze appealed from the district court?s order affirming the Medical Commission?s ruling that he was not entitled to additional temporary total disability (TTD) benefits. Glaze suffered a work related back injury in 2002 and underwent surgery to fuse the herniated disc. The Division paid medical benefits and TTD benefits. In 2003-2004, Glaze received permanent partial impairment benefits and a permanent partial disability award. He did not return to work after the injury. In 2005, Glaze underwent surgery to repair damage to the segment adjacent to the fused segment. His physician certified he was unable to work as a result and he applied for TTD benefits. Glaze?s request was denied. Glaze challenged the Commission?s ruling that he did not meet his burden of proving he was entitled to receive TTD benefits.
The last part of § 27-14-404(b) allows additional TTD benefits after permanent partial disability award if the claimant qualifies for additional benefits under § 27-14-605. The dispute in the case focused on whether Glaze had an increase of incapacity due solely to his work related injury. In Parnell v. State ex rel. Wyoming Workers? Compensation Division, the Court discussed the types of disability benefits contemplated by the Wyoming Workers? Compensation Act. The Court has previously concluded that under § 27-14-605(a), a claimant may be entitled to TTD benefits even if his permanent partial disability has not increased. A physician?s certification that a claimant is temporarily totally disabled is evidence of an increase in incapacity. To meet his burden of proof, a claimant must present evidence showing an increase in his incapacity since the permanent partial disability award. The overwhelming weight of the evidence established that Glaze?s incapacity increased following his surgeries. Testimony was heard that the degeneration that occurred would not have but for the previous surgery necessitated by the injury. The testimony also contained sufficient information stating that the 2005 surgery repair was solely related to the 2002 accident.

Conclusion: The Medical Commission?s finding that Glaze did not meet his burden of proving that he was entitled to additional TTD benefits was contrary to the overwhelming weight of the evidence. Consequently, its ruling was not supported by substantial evidence.

Reversed.

J. Hill delivered the decision.

Link: http://tinyurl.com/nmn9z4 .

[SPECIAL NOTE: This opinion uses the "Universal Citation." It was given an "official" citation when it was issued. You should use this citation whenever you cite the opinion, with a P.3d parallel citation. Please note when you look at the opinion that all of the paragraphs are numbered. When you pinpoint cite to a quote, you should cite to this paragraph number rather than to any page number. If you need assistance in putting together a citation using the Universal Citation form, please contact the Wyoming State Law Library.]

Full post as published by Law Library Letter on August 19, 2009 (boomark / email).