Brees v. Gulley Enterprises, Inc
In Brees v. Gulley Enterprises, Inc., 6 P.3d 128, 131 (Wyo. 2000), Dora Brees claimed "to have sustained a back injury" at work.
On appeal, Brees did not dispute that she had a preexisting back condition, but argued that her doctor's testimony established that her work injury materially aggravated the pre-existing condition. Id. at 131. The Court concluded that:
"Dr. Metz' testimony does not establish whether Brees materially aggravated her previous condition . . . because Dr. Metz was never directly asked whether Brees' surgery resulted from the pre-existing condition or from twisting and pushing the cart. As a consequence, Brees has not presented any evidence on the question of whether the back pain experienced when twisting and pushing the cart . . . materially aggravated her pre-existing condition and resulted in a compensable injury." Id. at 133.
The Court held the employee failed to meet her burden of proof to establish her work materially aggravated her preexisting condition.
Brees claimed to have sustained a back injury at work.
On appeal, she did not dispute that she had a preexisting back condition, but argued that her doctor's testimony established that her work injury materially aggravated the preexisting condition.
The Court concluded presentation of the physician's testimony was not sufficient to meet the claimant's burden of proof because the physician was never directly asked whether her surgery resulted from the preexisting condition or from work conditions.
Without such testimony, the Court concluded, the claimant did not establish a compensable injury. Brees, 6 P. 3d at 130.