Kebschull v. State ex rel. Department of Workforce Services, Workers’ Compensation Division

The Supreme Court affirmed the Medical Commission’s denial of additional temporary total disability benefits to Appellant. The Commission denied benefits after a contested case hearing, concluding that Appellant’s persistent back problems were the result of a preexisting degenerative condition and that Appellant failed to establish an increase in incapacity to a reasonable degree of medical certainty due solely to a work injury. The district court upheld the Commission’s decision. The Supreme Court affirmed, holding (1) there was substantial evidence to support the Commission’s conclusion that Appellant was not entitled to benefits under Wyo. Stat. Ann. 27-14-605; (2) the Commission did not misapply the second compensable injury rule; and (3) there was substantial evidence to support the Commission’s conclusion that Appellant did not suffer a second compensable injury. View "Kebschull v. State ex rel. Department of Workforce Services, Workers’ Compensation Division" on Justia Law