Darren J. Gray v. State of Wyoming, ex rel Department of Workforce Services, Workers' compensation Division

Newcastle, Wyoming workers' compensation lawyer represented the Plaintiff.

[¶3] In April 2022, Mr. Gray began working for Keyhole Technologies, a company that provides on-site traffic control for road construction projects. On his third day of work, Mr. Gray began the day assembling some equipment, filling sandbags, and driving a traffic-control truck behind the sign crew. The sign crew was a different work group that Mr. Gray's crew supported in various tasks. Later that morning, Mr. Gray's supervisor instructed him to help the sign crew clear ice, mud, and dirt from hollow, square metal tubes used for mounting road signs. Each bar weighs about 20 lbs. Mr. Gray drilled into the holes in the bottom of the bar to loosen the debris. Then he would lift the bar above his head and slam it to the ground repeatedly. Mr. Gray performed the task for about 45 minutes before he called his supervisor to report that he felt weak. At his request, Mr. Gray was taken to the local hospital.



[¶4] Hospital staff determined Mr. Gray suffered a heart attack and transferred him by ambulance from Sundance, Wyoming to another hospital in Rapid City, South Dakota for further treatment. It was not Mr. Gray's first cardiac event. He had previous cardiac events that resulted in the placement of stents.



[¶5] Mr. Gray and his employer reported the heart attack to the Division. In May 2022, the Division denied Mr. Gray's request for benefits. Mr. Gray timely appealed that decision. The matter was referred to the Office of Administrative Hearings for a contested case hearing.



[¶6] The Hearing Examiner determined the claim was not compensable because Mr. Gray did not meet his burden under the heart attack statute, Wyo. Stat. Ann. § 27-14-603(b)(ii), to prove his exertion the day of his heart attack was unusual or abnormal for his particular employment. It also determined that Mr. Gray did not meet his burden to show

that the heart attack was caused by working conditions or aggravation of a pre-existing condition under Wyo. Stat. Ann. § 27-14-102(a)(xi)(F).

Darren J. Gray suffered a heart attack while working for his employer on a road construction project near Sundance, Wyoming. He applied to the Wyoming Workers' Safety and Compensation Division (Division) for workers' compensation benefits. The Division denied his request. After a contested case hearing, the Office of Administrative Hearings also denied the request. The district court affirmed that decision. We likewise affirm because Mr. Gray did not meet his burden of proof to show his work exertion was unusual or abnormal under Wyo. Stat. Ann. § 27-14-603(b)(ii) (2023).



Gray v. State ex rel. Dep't of Workforce Servs., 2024 WY 91, S-24-0024 (Wyo. Aug 27, 2024)