Wyoming Supreme Court Rules In Favor Of Injured Worker’s Claim

The Wyoming Supreme Court has reversed a decision that denied a man workers compensation after a workplace accident may have caused him a spinal injury.

The Office of Administration determined that the injury was not caused by the work accident, but he challenged that judgement and claimed the decision was improperly assigned to OAH when it was a medically contested case, which by state law should go to the Medical Commission. The Wyoming Supreme Court also sees it that way.

This case goes back to December 28, 2020. Joseph Daniel Polzer was inspecting an underground fiber optics project in Evansville, Wyoming.

To access the project, Polzer had to remove a manhole cover and climb down a ladder. Court records say that as he removed the manhole cover and began to lower himself down, his foot slipped, and he fell into the hole.

As he fell, he reportedly hit his lower back on a portion of the manhole cover.

He grabbed the edge of the manhole with his right hand, heard a pop, and felt immediate pain in his right shoulder.

He let go and kept falling, hitting his left knee on the ladder before landing on the ground.

On December 31, 2020, the Division determined the injuries to Polzer’s right shoulder, left knee, and lumbar spine (lower back) were compensable.

Polzer did not report or seek compensation for spine or neck injuries at the time, but in February 2021 he asked for coverage for spine surgery.

The OAH deemed the injuries were not work-related and the Division denied coverage. Polzer appealed to the District Court and then the Supreme Court, who ultimately decided this matter should have been referred to the Medical Commission, not the OAH, reversing the decision.