State ex rel. Dep‘’t of Workforce Servs. v. Williams (In re Williams), S-17-0142
Citation | 409 P.3d 1219 |
Decision Date | 05 February 2018 |
Docket Number | S-17-0142 |
Parties | In the MATTER OF the Worker's Compensation Claim of Richard R. WILLIAMS. State of Wyoming, ex rel., Department of Workforce Services, Workers' Compensation Division, Appellant (Respondent), v. Richard R. Williams, Appellee (Petitioner). |
Court | Wyoming Supreme Court |
Representing Appellant: Peter K. Michael, Wyoming Attorney General; Daniel E. White, Deputy Attorney General; J.C. DeMers, Senior Assistant Attorney General; and Benjamin Eliazar Fischer, Assistant Attorney General.
Representing Appellee: Larry B. Jones of Burg Simpson Eldredge Hersh & Jardin, P.C., Cody, WY.
Before BURKE, C.J., and HILL, DAVIS, FOX, and KAUTZ, JJ.
[¶1] Richard Williams suffered a head injury
while working as a well operator and applied for workers' compensation benefits. In Mr. Williams' version of events, a flash fire startled him and caused him to fall backward and strike his head. Because the building in which Mr. Williams was working when he suffered his injury showed no signs of a recent fire, the Wyoming Workers' Compensation Division (Division) determined that Mr. Williams' injury did not arise out of and in the course of his employment and denied benefits.
[¶2] The Office of Administrative Hearings (OAH) upheld the denial of benefits based on its finding that Mr. Williams and his version of events lacked credibility, and Mr. Williams filed a petition for review in district court. The district court concluded that the OAH decision was contrary to overwhelming medical evidence that Mr. Williams injured his head
while engaged in work-related activities and reversed. We affirm.
[¶3] The Division presents two issues on appeal, which we restate as a single issue:
I. Is the OAH decision upholding the Division's denial of benefits contrary to the overwhelming weight of the evidence?
[¶4] In June 2014, Richard Williams was employed by L&L Enterprises as a well operator at the North Buck Draw Unit (NBDU), a field owned and operated by EOG Resources, Inc. (EOG) in Campbell County, Wyoming.1 In that position, Mr. Williams oversaw production of twenty-four oil wells and maintained the operation's oil separator units. He generally worked alone, eight days on, six days off.
[¶5] On June 21, 2014, Mr. Williams followed his normal daily routine and arrived at the field at about 7:00 a.m. He checked the better-producing wells for any immediate attention that might be required and then headed to the process building. In the process building, he checked the separators, dump valves, and fluid levels to ensure they were working properly. He then exited the back of that building and checked the gas metering station to record gas sales for the previous day. Mr. Williams then returned to his truck and drove to the dehydration building.
[¶6] At approximately 8:30 a.m., as Mr. Williams was driving to the dehydration building, he received and responded to a text message from his wife. A short time after that text message, he arrived at the dehydration building and began his tasks there. He first checked the three-stage separator and the reboiler and then went out the building's back door to the treater, where he checked the oil water, dump valves, and other parts of the machinery to ensure everything was working properly.
[¶7] After completing that task, Mr. Williams returned to the dehydration building to check the condensate collected in the separators. Under normal conditions, a pump would direct the condensate fluid through the separators into the treater, but that pump had broken down about a year earlier. To compensate for the lack of a pump, Mr. Williams was instructed to manually empty both separators into a subfloor containment unit. The larger of the separators had a valve that would allow its condensate to be emptied into the containment unit, but for the smaller separator, Mr. Williams was instructed to use a metal bucket to collect the liquid and then dump the liquid into the containment unit. Mr. Williams explained:
[¶8] To reach the containment unit's opening, where the bucket with condensate from the smaller separator would be dumped, Mr. Williams had to step up onto a platform about six to twelve inches off the building's concrete floor. Mr. Williams did this, and according to his version of events, while he was emptying the contents of the bucket into the containment unit, he saw a flash of fire come over the top of the bucket. This startled him and he stumbled backwards, fell off the platform, hit his head on the building's concrete floor, and lost consciousness. When he awoke, he saw what appeared to be the containment unit on fire. He then retrieved the fire extinguisher mounted outside the building's door and sprayed the fire extinguisher in a back and forth sweeping motion until he reached the containment unit, which he also sprayed with the extinguisher.
[¶9] At 8:48 a.m., Mr. Williams called 911 from his truck and reported the fire and his fall. An ambulance and fire unit responded, and Wyoming Life Flight was also dispatched to the location. The EMS report noted:
, no swelling and no crepitus. * * * While waiting for life flight to land, patient describes pain as moving in his head and still sharp in nature. * * *
[¶10] The Campbell County Fire Department arrived at the scene at about 9:15 a.m. It reported its response and findings as follows:
[¶12] Upon arrival at the Wyoming Medical Center, Mr. Williams was treated in the emergency room by Dr. Eugene Duquette. Dr. Duquette reported that On physical examination, Dr. Duquette found "some bruising and an abrasion with some puffiness on his posterior occiput." Dr. Duquette assessed Mr. Williams as having a "[c]losed head injury
with postconcussion syndrome and occipital hematoma," and discharged him with a pain...
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