Worker's Compensation Claim of Little v. State ex rel. Department of Workforce Services, Workers' Compensation Division, 2013 WY 100

Summary

The Wyoming Supreme Court considers whether a claimant's hip osteoarthritis was causally related to a prior compensable back injury under the second compensable injury rule. The court evaluates conflicting medical opinions and the claimant's burden to prove causation by a preponderance of the evidence. The opinion addresses substantial-evidence review of the hearing examiner's decision denying benefits.

Holdings

1. Little met his burden of production because medical testimony that the work injury probably contributed materially to the hip condition was sufficient to permit the fact finder to consider the causation claim.
2. Little failed to persuade the hearing examiner that his hip osteoarthritis was causally connected to the 1988 work injury.
3. Substantial evidence supported the hearing examiner's finding that Little failed to prove a causal link between the original work injury and his hip osteoarthritis.

Questions Presented

1. Whether substantial evidence supported the hearing examiner's determination that Little failed to prove that his hip osteoarthritis was causally related to his original compensable work injury.
2. Whether Little satisfied his burden of production and burden of persuasion under the second compensable injury rule.

Disposition

affirmed