In Re Pino (2000)

Div., 996 P.2d 679, 687 (Wyo.2000).

Div., 996 P.2d 679, 685 (Wyo.2000) (emphasis added).

Div., 996 P.2d 679, 685 (Wyo.2000) (emphasis added).

In re Pino, 996 P.2d 679, 685 (Wyo.2000).

Also see Pino v. Wyoming Workers' Safety and Compensation Division, 996 P.2d 679, 685 (Wyo.2000) ("Testimony by the medical expert to the effect that the injury "most like- 1y," "contributed to," or "probably" is the product of the workplace suffices under our established standard."); and Thornberg v. Wyoming Workers' Compensation Division, 913 P.2d 868, 867 (Wyo.1996) ("Generally, when a single incident is alleged to have caused an injury, medical testimony is not required …

Also see Pino v. Wyoming Workers' Safety and Compensation Division, 996 P.2d 679, 685 (Wyo.2000) ("Testimony by the medical expert to the effect that the injury "most likely," *450 "contributed to," or "probably" is the product of the workplace suffices under our established standard."); and Thornberg v. Wyoming Workers' Compensation Division, 913 P.2d 863, 867 (Wyo.1996) ("Generally, when a single incident is alleged to have caused an injury, medical testimony is not requir…

Div., 2007 WY 126, ¶ 18 , 164 P.3d 548, 552 (Wyo. 2007)). “[T]he claimant must show, by a preponderance of the evidence, that it is more probable than not that the second injury was caused by the first.” Ball, ¶ 24, 239 P.3d at 628 (quoting Kaczmarek, ¶ 11, 215 P.3d at 282 n.3). [¶43] “[T]he causal connection between an accident or condition at the workplace is satisfied if the medical expert testifies that it is more probable than not that the work contributed in a material…

Div., 996 P.2d 679, 684 (Wyo. 2000); Taylor v. State ex rel.

Div., 996 P.2d 679, 685 (Wyo. 2000)[.] But he must show a second injpry.

Div., 996 P.2d 679, 684 (Wyo. 2000); Taylor v. State ex rel.

Div., 996 P.2d 679, 687 (Wyo.2000).

Div., 996 P.2d 679, 687 (Wyo. 2000).

Div., 996 P.2d 679, 685 (Wyo.2000). [¶ 21] In ruling on Mr. Hartmann's claim, the OAH stated the issue for its determination was whether Mr. Hartmann "can prove that his current complaints of dizziness are directly related to his February 24, 2010 work injury." However, the OAH cited the following "general principles of law" applicable to its determination: 1.

Div., 996 P.2d 679, 685 (Wyo. 2000). [¶21] In ruling on Mr. Hartmann’s claim, the OAH stated the issue for its determination was whether Mr. Hartmann “can prove that his current complaints of dizziness are directly related to his February 24, 2010 work injury.” However, the OAH cited the following “general principles of law” applicable to its determination: 1.

Div., 996 P.2d 679, 687 (Wyo.2000) (a hearing examiner "has an obligation to invoke and apply the rules of law that support a claimant's theory of the case.") The question is whether under the applicable law the delay entitled Mr. Dubbelde to rescission of the suspension or disqualification. [T 14] Mr. Dubbelde's driver's license was suspended pursuant to the following statute: § 31-7-128.

Div., 996 P.2d 679, 685 (Wyo.2000) and Kaczmarek, ¶ 11, 215 P.3d at 282-83 , indicate that the second compensable injury rule imposes a more lenient burden of proof, ie., the claimant must demonstrate it is "more probable than not" that the first and second injury are causally related. ¶22] As the OAH recognized, a claimant generally has the burden of proving each of the essential elements of her claim by a preponderance of the evidence.

Div., 996 P.2d 679, 685 (Wyo.2000) and Kaczmarek, ¶ 11, 215 P.3d at 282-83 , indicate that the second compensable injury rule imposes a more lenient burden of proof, i.e., the claimant must demonstrate it is "more probable than not" that the first and second injury are causally related. [¶ 22] As the OAH recognized, a claimant generally has the burden of proving each of the essential elements of her claim by a preponderance of the evidence.

Div., 996 P.2d 679, 684 (Wyo.2000); Taylor v. State ex rel.

Div., 996 P.2d 679, 684 (Wyo.2000); Taylor v. State ex rel.

Div., 996 P.2d 679, 687 (Wyo.2000).

Div., 996 P.2d 679, 685 (Wyo.2000); see also Salas, ¶ 10, 71 P.3d at 712 .

Div., 996 P.2d 679, 685 (Wyo.2000); see also Salas, ¶10, 71 P.3d at 712 .

Id. at 685.

Id. at 685. [¶ 21] In two more recent cases, we reversed and remanded benefit denials because the hearing examiner did not consider the facts in light of the second compensable injury rule.

Div., 996 P.2d 679, 685 (Wyo.2000).

Div., 996 P.2d 679, 685 (Wyo.2000).

Wyoming Workers’ Safety and Compensation Division, 996 P.2d 679, 687 (Wyo.2000) ].

Workers’ Safety and Compensation Div. (In re Pino), 996 P.2d 679, 685 (Wyo.2000) (internal citations removed).

Wyoming Workers Compensation Div., 2001 WY 186 , 116, 37 P.3d 378, 378 (Wyo.2001) (quoting In re Pino, 996 P.2d 679, 685 (Wyo.2000)).

Workers' Safety and Compensation Div., 996 P.2d 679, 684-85 (Wyo.2000); Matter of Krause, 803 P.2d 81, 82 (Wyo.1990); Pacific Power & Light Co. v. Rupe, 741 P.2d 609, 610 (Wyo.1987); State ex rel.

Div., 2001 WY 136, ¶ 16 , 37 P.3d 373, 378 (Wyo.2001) (quoting In re Pino, 996 P.2d 679, 685 (Wyo.2000)) (emphasis added). [¶13] Mr. Sherman did not introduce medical testimony on his own behalf, In fact, neither of Mr. Sherman's treating physi-clans presented testimony at the hearing.

Wyoming Workers’ Compensation Div., 2001 WY 136, ¶ 16 , 37 P.3d 373, 378 (Wyo.2001) (quoting In re Pino, 996 P.2d 679, 685 (Wyo.2000)).

Wyoming Workers’ Compensation Div., 2001 WY 136, ¶ 16 , 37 P.3d 373, 378 (Wyo.2001) (quoting In re Pino, 996 P.2d 679, 685 (Wyo.2000)).

Wyoming Workers’ Compensation Div., 2001 WY 136, ¶ 16 , 37 P.3d 373, 378 (Wyo.2001) (quoting In re Pino, 996 P.2d 679, 685 (Wyo.2000)). [¶ 11] Whether the employment “ ‘aggravated, accelerated, or combined with the internal weakness or disease to produce the disability is a question of fact.’ ” Brees v. Gulley Enterprises, Inc., 6 P.3d 128, 131 (Wyo.2000) (quoting Lindbloom, 684 P.2d at 1390 ).

Div., 996 P.2d 679, 685 (Wyo.2000).

Div., 996 P.2d 679, 685 (Wyo.2000).

Wyoming Workers' Safety and Compensation Division, 996 P.2d 679, 683 (Wyo.2000) (some citations omitted).

Workers' Safety and Compensation Div., 996 P.2d 679, 685 (Wyo. 2000).

See In the Matter of Pino, 996 P.2d 679 , 685 (Wyo.2000); Matter of Thompson, 966 P.2d 977, 980-81 (Wyo.1998); and Forni v. Pathfinder Mines, 834 P.2d 688, 693 (Wyo.1992).