Court Summaries

• Jurisdiction: Wyoming,United States
• Citation: Vol. 36 No. 6 Pg. 46
• Publication year: 2013
• Pages: 46
• Year: 2013
• topic: Family Law,Employment Law,Civil Procedure,Workers Compensation

Court Summaries Vol. 36 No. 6 Pg. 46 Wyoming Bar Journal December 2013

P. Craig Silva, Williams, Porter, Day & Neville P.C.

In the Interest of MF v. State of Wyoming

2013 WY 104

S-13-0074

September 4, 2013

This is a case determining jurisdiction within the Wyoming Child in Need of Supervision Act. Prior to his 16th birthday, MF was adjudicated a child in need of supervision. He was placed on probation, which was revoked on two occasions. His second revocation carried him past his 17th birthday. MF argued that the juvenile court lost jurisdiction over him once he turned 17 years old. The district court relied upon the language from Wyo. Stat. § 14-6-431 (b) (LexisNexis 2013), which provides:

Unless sooner terminated by court order, all orders issued under this act shall terminate with respect to a child adjudicated in need of supervision when he reaches seventeen (17) years of age. If the child is still in the custody of the department upon attaining the age of seventeen (17) years, services may be provided on a case by case basis.

MF's argument focuses on the first sentence of this statute. The district court relied upon the second sentence as the means to exercise jurisdiction. The Wyoming Supreme Court agreed with MF holding that the first sentence applies to adjudications, and the second sentence applies when the Department of Family Services is willing to provide, and the juvenile is willing to accept, services after age 17.

In the Matter of the Worker's Compensation Claim of: Anita J. Fieseler v. State of Wyoming ex rel. Wyoming Workers' Safety and Compensation Division

2013 WY 116

S-13-0047

September 30, 2013

This case involves the issue of whether a heart attack at work is covered by workers' compensation. Anita J. Fieseler suffered a heart attack while working as a medical surgical charge nurse at Lander Regional Hospital. On October 2, 2010, Ms. Fieseler was working the 7:00 p.m. to 7:00 a.m. shift as a charge nurse. At approximately 10:45 p.m., Ms. Fieseler and others moved a mobile stroke patient from a hospital bed to an air mattress to allow for incontinent care to be provided. The care was provided and Ms. Fieseler along with another nurse attempted to move the patient back into bed. Following that, Ms. Fieseler became nauseous and started to sweat profusely. Ms. Fieseler recognized the symptoms of a heart attack and went to the hospital's emergency room. She was then life-flighted to the Wyoming Medical Center where she underwent a triple bypass surgery. Ms. Fieseler applied for Workers' Compensation benefits which were denied. The basis for the denial was that the medical documentation did not support a direct causal connection between the condition under which the work was performed and the cardiac condition diagnosed. That determination was upheld by the Office of Administrative Hearings which was affirmed by the district court. Ms. Fieseler appealed. The Wyoming Supreme Court affirmed.

The applicable statute is Wyo. Stat. § 27-14-603(b) (ii), which requires a claimant to establish that the "causative exertion occurs during the actual period of employment [and is] clearly unusual to or abnormal for employees in that particular employment" in order for it to be considered work related. In other words, Ms. Fieseler must show that her heart attack was caused by exertion unusual to or abnormal for a charge nurse on the medical/surgical unit of the hospital, not in the nursing profession in general. The Wyoming Supreme Court stated that Ms. Fieseler's case was determined by the holding i n Loomer v. State ex rel. Wyoming Worker's Safety and Compensation Division, 2004 WY 47 (Wyo. 2004). In Loomer, the claimant was originally hired by the employer as a pipe inspector. The claimant suffered a heart attack while unloading pipe off a truck it delivered to a well site. The initial question was whether the claimants particular employment at the time of his heart attack was that of a pipe fitter or truck driver. In Loomer, the Court interpreting Wyo. Stat. § 27-l4-603(b)(ii) concluded the employment stress had...