Romero v. Davy McKee Corp.

37 Citing cases

  1. State v. Slaymaker

    2007 WY 65 (Wyo. 2007)   Cited 18 times
    In Slaymaker, the claimant suffered from a preexisting lower back condition, including bulging discs, annular tears and arthropathy, a degenerative condition.

    Thus, their testimony was corroborative of Dr. Gardner's opinion that the May 2003 injury materially aggravated his preexisting lower back condition. [¶ 25] The Division directs us to Romero v. Davy McKee Corp., 854 P.2d 59 (Wyo. 1993) and Lindbloom v. Teton Int'l 684 P.2d 1388 (Wyo. 1984), claiming these cases justify a conclusion that Mr. Slaymaker's post-accident situation was simply a result of the natural progression of the degenerative condition in his lower back. In Romero, where there were conflicts in the medical testimony, we found substantial evidence to support the hearing examiner's conclusion that the claimant's work activities did not materially aggravate his pre-existing wrist problems.

  2. Matter of Goddard

    914 P.2d 1233 (Wyo. 1996)   Cited 31 times

    Section 16-3-114(c)(ii)(E). Our task is to examine the entire record to determine whether substantial evidence supported the hearing examiner's findings. Romero v. Davy McKee Corporation, 854 P.2d 59, 61 (Wyo. 1993). We will not substitute our judgment for that of the hearing examiner when substantial evidence supports his decision.

  3. Padilla v. Lovern's, Inc.

    883 P.2d 351 (Wyo. 1994)   Cited 14 times

    "Romero v. Davy McKee Corporation, 854 P.2d 59, 61 (Wyo. 1993) (citing Farman v. State ex rel. Wyoming Workers' Compensation Division, 841 P.2d 99, 102 (Wyo. 1992)).Bearden v. State ex rel. Wyoming Workers' Compensation Division, 868 P.2d 268, 269 (Wyo. 1994), quoted in Hepp v. State ex rel. Wyoming Workers' Compensation Division, 881 P.2d 1076, 1077-78 (Wyo. 1994).

  4. Hepp v. State ex rel. Wyoming Workers' Compensation Division

    881 P.2d 1076 (Wyo. 1994)   Cited 33 times

    Substantial evidence is relevant evidence which a reasonable mind might accept in support of the agency's conclusions." Romero v. Davy McKee Corporation, 854 P.2d 59, 61 (Wyo. 1993) (citing Farman v. State ex rel. Wyoming Workers' Compensation Division, 841 P.2d 99, 102 (Wyo. 1992)).Bearden v. State ex rel. Wyoming Workers' Compensation Division, 868 P.2d 268, 269 (Wyo. 1994), quoted in Gilstrap v. State exrel. Wyoming Workers' Compensation Division, 875 P.2d 1272, 1273 (Wyo. 1994).

  5. Bearden v. State ex Rel. Wyo. Workers Comp

    868 P.2d 268 (Wyo. 1994)   Cited 22 times
    In Bearden v. State ex rel. Worker's Compensation Div., 868 P.2d 268 (Wyo. 1994) the claimant was injured while leaving her home to deliver a performance evaluation to her employer.

    Substantial evidence is relevant evidence which a reasonable mind might accept in support of the agency's conclusions.Romero v. Davy McKee Corporation, 854 P.2d 59, 61 (Wyo. 1993) (citing Farman v. State ex rel. Wyoming Workers' Compensation Division, 841 P.2d 99, 102 (Wyo. 1992)). Ms. Bearden contends that her neck injury was compensable either because she was in the course of her employment at the time she injured her neck or alternatively because her work-related back injury caused her neck injury.

  6. Workers' Safety v. Faulkner

    2007 WY 31 (Wyo. 2007)   Cited 12 times

    Lindbloom v. Teton International, 684 P.2d 1388, 1390 (Wyo. 1984) (citing 1 Larson's Workmen's Compensation Law, § 12.20, p. 3-276). See also Romero v. Davy McKee Corp., 854 P.2d 59, 61 (Wyo. .1993); State ex rel. Wyo. Workers' Comp. Div. v. Fisher, 914 P.2d 1224, 1226 (Wyo. 1996); Haynes v. State ex rel. Wyoming Workers' Compensation Div., 962 P.2d 876, 878 (Wyo. 1998); Wyo. ex. rel. Wyo. Workers' Safety Comp. Div. v. Parrish, 2004 WY 144, ¶ 27, 100 P.3d 1244, 1254 (Wyo. 2004). [¶ 12] It is undisputed that Mr. Faulkner was injured in the course of his employment and that the injury materially aggravated a pre-existing condition.

  7. Spletzer v. Workers' Safety and Comp

    2005 WY 90 (Wyo. 2005)   Cited 24 times
    Upholding the Commission's rejection of a medical expert's assumption about claimant's chemical exposure

    [¶ 22] We have said that we will not "re-weigh the evidence or re-determine facts or assess the credibility of witnesses so long as the decision of the hearing examiner is based on `"relevant evidence which a reasonable mind might accept in support of the agency's conclusions."'" Morgan, 975 P.2d at 15 ( quoting Clark, 934 P.2d at 1272 and Matter of Workers' Compensation Claim of Fansler, 914 P.2d 156, 158 (Wyo. 1996) and Romero v. Davy McKee Corp., 854 P.2d 59, 61 (Wyo. 1993)). Our review of the record reveals that the Commission's decision was reasonable and supported by substantial evidence.

  8. Hicks v. Workers' Safety Compensation

    105 P.3d 462 (Wyo. 2005)   Cited 14 times

    While aggravation of a preexisting condition is a compensable injury, Matter of Injury to Carpenter, 736 P.2d 311, 312 (Wyo. 1987), claimant must prove that his employment aggravated, accelerated, or combined with the disease or infirmity to produce the disability for which compensation is sought. Romero v. Davy McKee Corp., 854 P.2d 59, 61 (Wyo. 1993); Lindbloom v. Teton Int'l, 684 P.2d 1388, 1390 (Wyo. 1984).State ex rel. Wyoming Workers' Compensation Div. v. Roggenbuck, 938 P.2d 851, 853 (Wyo. 1997).

  9. State v. Parrish

    100 P.3d 1244 (Wyo. 2004)   Cited 1 times

    While aggravation of a preexisting condition is a compensable injury, Matter of Injury to Carpenter, 736 P.2d 311, 312 (Wyo. 1987), claimant must prove that his employment aggravated, accelerated, or combined with the disease or infirmity to produce the disability for which compensation is sought. Romero v. Davy McKee Corp., 854 P.2d 59, 61 (Wyo. 1993); Lindbloom v. Teton Int'l, 684 P.2d 1388, 1390 (Wyo. 1984).State ex rel. Wyoming Workers' Compensation Div. v. Roggenbuck, 938 P.2d 851, 853 (Wyo. 1997).

  10. In re Armijo

    2004 WY 116 (Wyo. 2004)   Cited 4 times
    Indicating that claimant's and other witnesses' testimony about the effect of claimant's injury was persuasive

    While aggravation of a preexisting condition is a compensable injury, Matter of Injury to Carpenter, 736 P.2d 311, 312 (Wyo. 1987), claimant must prove that his employment aggravated, accelerated, or combined with the disease or infirmity to produce the disability for which compensation is sought. Romero v. Davy McKee Corp., 854 P.2d 59, 61 (Wyo. 1993); Lindbloom v. Teton Int'l, 684 P.2d 1388, 1390 (Wyo. 1984).State ex rel. Wyoming Workers' Compensation Div. v. Roggenbuck, 938 P.2d 851, 853 (Wyo. 1997).