Eugene M. Langberg v. State of Wyoming ex rel. Wyoming Workers' Safety and Compensation Division

2009 WY 39 (Wyo. 2009) · Supreme Court of Wyoming · March 18, 2009 · No. S-08-0001

Summary

The Supreme Court of Wyoming held that Eugene Langberg's Kienbock's disease was a preexisting condition rather than one caused by his workplace injuries. However, the court concluded that the injuries materially aggravated the condition and caused the need for surgery, entitling Langberg to appropriate workers' compensation benefits. The court reversed and remanded the case.

Holdings

  1. Langberg failed to prove that the work injuries caused the onset of Kienbock's disease. The disease was properly treated as a preexisting condition.
  2. A work injury materially aggravates a preexisting condition when it permanently increases the condition's severity or otherwise materially contributes to the disability or treatment for which compensation is sought. Langberg proved that his work injuries materially aggravated his preexisting Kienbock's disease and led directly to the need for surgery.

Questions Presented

  1. Whether the hearing examiner correctly determined that Langberg's Kienbock's disease was a preexisting condition rather than a condition caused by his work injuries.
  2. Whether Langberg proved by a preponderance of the evidence that his work injuries materially aggravated, accelerated, or combined with the preexisting Kienbock's disease to necessitate surgery and thereby make the surgery compensable.

Disposition

reversed_and_remanded

Cases Cited (12)

  • Dale v. S & S Builders, LLC, 2008 WY 84, ¶¶ 21-26, 188 P.3d 554, 561-62 (Wyo. 2008)(followed)
  • Horn-Dalton v. State ex rel. Wyo. Workers' Safety & Comp. Div., 2009 WY 14, ¶ 7, 200 P.3d 810, 813 (Wyo. 2009)(followed)
  • McIntosh v. State ex rel. Wyo. Med. Comm'n, 2007 WY 108, 162 P.3d 483 (Wyo. 2007)(followed)
  • Murray v. State ex rel. Wyo. Workers' Safety & Comp. Div., 993 P.2d 327, 332 (Wyo. 1999)(followed)
  • Anastos v. General Chem. Soda Ash, 2005 WY 122, ¶ 21, 120 P.3d 658, 666 (Wyo. 2005)(followed)
  • Frazier v. State ex rel. Wyo. Workers' Safety & Comp. Div., 997 P.2d 487, 490 (Wyo. 2000)(followed)
  • Lindbloom v. Teton Int'l, 684 P.2d 1388, 1389-90 (Wyo. 1984)(followed)
  • Ramos v. State ex rel. Wyo. Workers' Safety & Comp. Div., 2007 WY 85, ¶ 17, 158 P.3d 670, 676 (Wyo. 2007)(followed)
  • Boyce v. State ex rel. Wyo. Workers' Safety & Comp. Div., 2005 WY 9, ¶ 10, 105 P.3d 451, 455 (Wyo. 2005)(followed)
  • State ex rel. Wyo. Workers' Safety & Comp. Div. v. Slaymaker, 2007 WY 65, ¶ 14, 156 P.3d 977, 982 (Wyo. 2007)(followed)

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