Hammond v. Hitching Post Inn, 4361
| Decision Date | 25 June 1974 |
| Docket Number | No. 4361,4361 |
| Citation | 523 P.2d 482 |
| Parties | Ivan HAMMOND, Appellant (Employee-Claimant below), v. HITCHING POST INN and Wyoming State Treasurer, By and Through its Department of Workmen's Compensation, Appellees (Employer-Defendant and Objector-Defendant below). |
| Court | Wyoming Supreme Court |
Edward L. Grant, Osborn & Grant, Cheyenne, for appellant.
David A. Kern, Sp. Asst. Atty. Gen., Cheyenne, for appellees.
Before PARKER, C. J., and McEWAN, GUTHRIE, McINTYRE and McCLINTOCK, JJ.
Ivan Hammond worked as a maintenance man at the Hitching Post Inn for about 20 years. He claims he was required to work in confined spaces, such as attics, crawl spaces, and basements, in which there were accumulations of dust which he breathed into his lungs. He also claims he was subjected to temperature changes, such as going from steam cleaning in the kitchen to the out-of-doors.
The workman has alleged that his working conditions disabled him-by causing chronic bronchitis and compelling him to cease his employment. When his employment was discontinued Hammond filed for medical and disability benefits under the Wyoming Occupational Disease Law, §§ 27-288 to 27-309, W.S.1957, 1974 Cum.Supp., alleging disease or injury due to inhalation of dust.
At first, orders of award were entered; but the State Treasurer petitioned to reopen. The case was re-opened and trial was had no Hammond's claim for compensation. After hearing, the district court entered an order dismissing claimant's claim and Hammond has appealed from the order of dismissal. Inasmuch as the trial court found in favor of the state treasurer and against the claimant, our question really becomes this: Was the evidence such as to mandate judgment for the claimant as a matter of law? Or, did the claimant meet his burden of proving that dust or something else in his working conditions caused his chronic bronchitis?
As can be readily seen from the list of compensable occupational diseases in § 27-290(a), W.S.1957, C.1967, 1973 Cum.Supp., chronic bronchitis is not included. If chronic bronchitis is a compensable occupational disease at all, it must come within the provisions of § 27-290(b), W.S.1957, C.1967, 1973 Cum.Supp., which reads as follows:
"Occupational pneumoconiosis' as a compensable occupational disease shall not mean any pulmonary disease with a diagnosis of emphysema that cannot be fairly traced to the employment, but shall mean silicosis, silituberculosis, asbestosis, anthracosis, anthracosilicosis, siderosis and other diseases of the lungs, which are the direct result of the inhalation of dust, fibers or particulates including cement dust, bentonite dust, bituminous coal dust, grain dust, stone or rock dust, wood dust and dust or fibers from gyppsum, talc and trona, arising out of the employment.'
Also, the term 'occupational disease' is defined in § 27-289(a), W.S.1957, C.1967, 1973 Cum.Supp., as a...
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...v. City of Detroit, 56 Mich.App. 644, 224 N.W.2d 714 (1974); Olson v. Fed. Am. Partners, 567 P.2d 710 (Wyo.1977); Hammond v. Hitching Post Inn, 523 P.2d 482 (Wyo.1974). Based on the foregoing, we conclude that the Occupational Disease Law does not require Claimant to prove that Worker's exp......
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Olson v. Federal American Partners
...however, a similar case of failure of proof under the Occupational Disease Law but involving a different lung ailment. Hammond v. Hitching Post Inn, Wyo.1974, 523 P.2d 482. The claimant must conform to the burden Dr. Victor E. Archer, a nationally recognized expert in the field of cancer in......
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Hunteman v. Ward Transport, Inc.
...Wyo., 703 P.2d 1084 (1985); State ex rel. Worker's Compensation Division v. DeForrest, Wyo., 603 P.2d 865 (1979); Hammond v. Hitching Post Inn, Wyo., 523 P.2d 482 (1974); Amax Coal Co. v. Haynie, Wyo., 592 P.2d 693 (1979). The difference with respect to § 27-12-606 is that the workman must ......