BURKE, Chief Justice.
[¶ 1] Appellant, Mary Leib, sought benefits from the Wyoming Workers' Compensation Division after she developed abscesses in
[¶ 2] Ms. Leib presents the following issues:
[¶ 3] Ms. Leib was employed as a maintenance worker for Laramie County Community College in Cheyenne, Wyoming. She began working on the grounds of the College in April 2012. As part of her duties as a groundskeeper, Ms. Leib was required to work with dirt that was mixed with untreated manure from livestock kept on campus and from traveling circus animals.
[¶ 4] In June 2012, approximately two weeks after she began planting flowers using the dirt and manure mixture, Ms. Leib experienced pain and swelling in both of her breasts. On June 18, she sought treatment at the emergency room. Ms. Leib was diagnosed with mastitis, an infection of the breast tissue, and treated with antibiotics and pain medication.
[¶ 5] Ms. Leib went back to work and continued to experience pain and swelling in her breasts. She returned to the emergency room on June 26 and was admitted to the hospital. This time, a breast surgeon performed an incision surgery to drain the abscesses in Ms. Leib's breasts and relieve swelling. A culture collected following her surgery indicated that Ms. Leib had a peptostreptococcus (commonly referred to as "strep") bacterial infection.
[¶ 6] Ms. Leib returned to work on July 9 and continued to plant flowers with the dirt and manure mixture. Several weeks later, her breasts swelled again, causing her surgical incisions to split open. On August 8, 2012, she filed an injury report with the Workers' Compensation Division. She had a second incision and drainage surgery one week later. A subsequent culture indicated that several different types of peptostreptococcus bacteria were present.
[¶ 7] In September 2012, the Workers' Compensation Division denied Ms. Leib's claim for benefits. The Division found that her infections did not meet the definition of "injury" under the worker's compensation statutes and that she had not established her infections were the result of her employment. The Division referred the case to the Office of Administrative Hearings for a contested case hearing. The parties agreed that the case presented a medically complex issue, and the OAH transferred the case to the Medical Commission for a hearing.
[¶ 8] The Medical Commission held a contested case hearing on June 6, 2014. Ms. Leib's theory of her injury was that she developed her infection as a result of exposure to bacteria contained in the dirt and manure mixture at LCCC. Ms. Leib presented expert testimony via deposition from Dr. Howard Willis, a primary care physician and ER doctor. He testified that Ms. Leib's infection most likely occurred in the context of her employment. Dr. Willis' testimony was disputed by expert testimony from Dr. Mark Dowell, an infectious disease physician. He testified that there was no causal relationship between Ms. Leib's work and the abscesses in her breasts.
[¶ 9] Following the hearing, the Medical Commission issued a decision upholding the Division's final determination. The Commission concluded that Dr. Dowell was more credible than Dr. Willis:
(Emphasis in original.) The district court upheld the Medical Commission's decision. This appeal followed.
[¶ 10] When we consider an appeal from a district court's review of an administrative agency's decision, we review the case as though it had come directly from the administrative agency. Newman v. State ex rel. Dep't of Workforce Servs., 2015 WY 14, ¶ 8, 341 P.3d 1066, 1069 (Wyo.2015) (citing CalCon Mut. Mortg. Corp. v. State ex rel. Wyo. Dep't of Audit, 2014 WY 56, ¶ 6, 323 P.3d 1098, 1101 (Wyo.2014)). Review of an administrative agency's action is governed by the Wyoming Administrative Procedure Act, which provides that we hold unlawful and set aside agency action, findings and conclusions found to be:
Wyo. Stat. Ann. § 16-3-114(c)(ii) (LexisNexis 2013).
[¶ 11] Pursuant to this statute, we review an administrative agency's findings of fact using the substantial evidence test. Dale v. S & S Builders, LLC, 2008 WY 84, ¶ 22, 188 P.3d 554, 561 (Wyo.2008). Substantial evidence is relevant evidence which a reasonable mind might accept in support of the agency's decision. Id., ¶ 11, 188 P.3d at 558. Findings of fact are supported by substantial evidence if, from the evidence in the record, this Court can discern a rational premise for the agency's findings. Middlemass v. State ex rel. Wyo. Workers' Safety & Comp. Div., 2011 WY 118, ¶ 11, 259 P.3d 1161, 1164 (Wyo.2011). We defer to the hearing examiner's determination of witness credibility unless it is clearly contrary to the overwhelming weight of the evidence. Leavitt v. State ex rel. Wyo. Workers' Safety &
[¶ 12] A compensable injury is one "arising out of and in the course of employment[.]" Wyo. Stat. Ann. § 27-14-102(a)(xi) (LexisNexis 2013). In order to show that the compensable injury arises out of or in the course of employment, the worker's compensation claimant has the burden of proving each of the essential elements of the claim by a preponderance of the evidence, including a causal connection between the work-related incident and the injury. Stevens v. State ex rel. Dep't of Workforce Servs., 2014 WY 153, ¶ 35, 338 P.3d 921, 929 (Wyo.2014). The claimant must show the causal connection to a reasonable degree of medical probability. Typically, this requires expert medical testimony that it is more probable than not that the work contributed in a material fashion to the precipitation, aggravation, or acceleration of the injury. Id., ¶ 50 n. 6, 338 P.3d at 932 n. 6.
[¶ 13] In her first issue, Ms. Leib claims the Medical Commission improperly elevated her burden of proof by requiring her to identify the bacteria that caused her infection. Based on the Commission's statements that the dirt and manure mixture at LCCC was never tested or examined to determine its makeup, Ms. Leib claims the Commission required her to demonstrate, to a degree of medical certainty, that her injury was caused by the conditions of her employment. She claims it was not reasonable to expect her to test the dirt and manure mixture two months after her infection developed because the content of the mixture was ever-changing. Ms. Leib contends the Medical Commission's statements in this case are analogous to those in Murray v. State ex rel. Wyo. Workers' Safety & Compensation Div., 993 P.2d 327 (Wyo.1999), where we held that the claimant's inability to identify the specific source of his injury did not preclude a finding of causation as a matter of law. Accordingly, Ms. Leib contends that, as in that case, we should reverse the Medical Commission's decision. We do not agree.
[¶ 14] In Murray, the claimant sought worker's compensation benefits when hives appeared on his wrists after drawing a sample of raw gas in the course of his employment. The Division found that "Murray's inability to identify the precise chemical which caused his skin problem constituted failure to prove a compensable injury as a matter of law." Id., 993 P.2d at 328. The claimant appealed and this Court found that the hearing examiner had erred when he "failed to weigh the circumstantial evidence which tended to show that the [injury] was causally related to Murray's employment." Id. at 332. We stated that
[¶ 15] The holding in Murray is distinguishable from the present case. In this case, the Medical Commission did not determine that Ms. Leib's inability to provide evidence of the makeup of the dirt and manure mixture precluded her from demonstrating causation as a matter of law. Rather, the Medical Commission concluded that, in light of all the evidence presented, including the lack of testing on the dirt and manure mixture, Ms. Leib did not meet her burden of proving that her injury was related to a workplace condition.
[¶ 16] The experts in this case disagreed about the cause of Ms. Leib's breast abscesses. Ms. Leib's expert, Dr. Willis, testified that Ms. Leib's condition was caused by a bacterial infection originating from the dirt and manure mixture she used in her employment with LCCC. According to Dr. Willis,
As noted by the Medical Commission, however, Dr. Willis indicated that he was uncertain about the actual cause of her infection. In his deposition testimony, he stated that "[Ms. Leib] basically had some sort of an abscess. I'm not sure that it actually involved mastitis. In other words, I don't know that it was actually involving the tubules of the mammary ducts, or this was spread down from the skin and above." When asked about the specific mechanism of her infection, Dr. Willis stated:
Upon cross-examination, however, Dr. Willis indicated a variety of other possible sources of Ms. Leib's infection, including her choice of clothing or perspiration outside the workplace. Ms. Leib also denied that she ever wore a tank top to work.
[¶ 17] The Division's expert, Dr. Dowell, is a board-certified infectious disease specialist. In his opinion, Ms. Leib's breast abscesses were not caused by a streptococcus infection or by any other organism. At the hearing before the Medical Commission, Dr. Dowell noted that Dr. Willis was not trained in infectious diseases and that some of Dr. Willis' statements "from just strictly a professional standpoint don't make any sense." Dr. Dowell testified that the bacterial organisms grown from Ms. Leib's cultures are often seen in women with breast infections and do not cause infection:
When asked whether it would be possible for manure to cause infection, Dr. Dowell stated that it was highly unlikely:
He further testified that "It's an organism we often see in this setting in these kind of breast issues. I think it is not pathogenic here. It is not causing the problem." Ultimately, Dr. Dowell concluded that "to a very high degree of medical probability, I don't think there is any relationship at all" between Ms. Leib's work and her infection.
[¶ 18] When considered in the context of the competing expert testimony in this case, it is clear that the Medical Commission's statements that the dirt and manure mixture was never tested to determine its content did not operate to elevate Ms. Leib's burden of proof. The Medical Commission, as the trier of fact, had a duty to weigh the evidence and determine the credibility of witnesses. Dale, ¶ 11, 188 P.3d at 558-59. Based on the fact that Dr. Willis acknowledged there were multiple possible sources for Ms. Leib's infection, and that Dr. Dowell testified that it was very unlikely that the bacterial organisms found after Ms. Leib's surgery were pathogenic, the Commission determined that the temporal connection between Ms. Leib's exposure to the dirt and manure mixture and her injury was not sufficient to establish causation. The Medical Commission did not require Ms. Leib to demonstrate, to a degree of medical certainty, that her injury was related to a condition of the workplace. We find no error in the Medical Commission's application of Ms. Leib's burden of proof.
[¶ 19] In her second issue, Ms. Leib contends the Medical Commission gave undue weight to Dr. Dowell's testimony because his testimony "was speculative and demonstrated that he was unfamiliar with [Ms. Leib's] case." According to Ms. Leib, Dr. Dowell's testimony could not be relied upon because he inaccurately stated, in his initial report to the Division, that Ms. Leib had experienced "a history of occasional drainage and problems with her breasts for many years." Ms. Leib claims that, as a result, the Medical Commission should not have given "any weight" to Dr. Dowell's testimony.
[¶ 20] As we have previously stated, it is the Medical Commission's responsibility to determine the relative weight to assign to expert testimony:
In re Worker's Comp. Claim of McIntosh v. State ex rel. Wyo. Workers' Safety & Comp. Div., 2013 WY 135, ¶ 38, 311 P.3d 608, 617 (Wyo.2013).
[¶ 22] Ms. Leib also claims the Medical Commission should have discounted Dr. Dowell's testimony because he did not conduct a physical examination of Ms. Leib before forming his opinion with respect to causation. However, Ms. Leib offers no explanation as to how a physical examination would have assisted Dr. Dowell in forming his opinion with respect to causation. She also offers no reason as to why Dr. Willis' opinion, which was also not based on any physical examination of Ms. Leib, should not be similarly discredited. We note that the Division's regulations provide that "The Division may request a non-treating health care provider to conduct a paper review of an injured worker's medical records for the purpose of obtaining a second opinion regarding the diagnosis, prognosis, or treatment of an employee's injury complaints." Rules, Regulations and Fee Schedules of the Wyoming Workers' Compensation Division, ch. 10, § 15(a). The Medical Commission was not prohibited from giving due weight to Dr. Dowell's medical opinion because he did not conduct a physical examination of Ms. Leib. The Commission could have reasonably decided, as it did, to give greater weight to the testimony of Dr. Dowell than that of Dr. Willis.
[¶ 23] Affirmed.