CHEYENNE - Relying on the "odd lot" doctrine in workers' compensation cases, the Wyoming Supreme Court ruled a Newcastle man is entitled to total permanent disability benefits.

The decision in favor of Robert Nagle, a former longtime coal miner and truck driver, reverses a ruling of the Workers' Compensation Division's medical commission that was upheld by Campbell County District Court Judge Michael N. Deegan.

The "odd lot" doctrine provides that permanent total disability can be found in cases of workers who are not totally incapacitated for work but are so handicapped they cannot get jobs in any well-known branch of the labor market.

On January 5, 1987, Nagle suffered a crushing foot injury while working in a coal mine. He had five surgeries on the foot but the injury left him with an altered pattern of walking.

He was able to return to light duty and was employed off and on from 1988 until 2001.

He received workers' compensation benefits for treatment of these problems.

In 2001 Nagle fell in the parking lot of a Wal-Mart store when his left leg gave out, he said. He broke his wrist and injured his hip.

In 2002 he retired on Medicare/Social Security disability.

In 2006 Nagle was 50 years old. He had a high school diploma from New Mexico plus a few college courses, including a class to improve his English, which was poor, Hill wrote.

The record, Hill wrote, made it clear that the "degree of Nagle's impairment, coupled with his mental capacity, education, training and age, placed him in the odd lot category."

Dr. John Barrasso, a Casper orthopedic surgeon and now a U.S. senator said at Nagle's 2006 hearing before the medical commission that the worker was at a point where he was permanently disabled and unable to function at his job despite multiple surgeries, medication, injections and time.

The medical commission distorted this testimony to conclude that Nagle is not permanently disabled under the odd lot doctrine, but only disabled from doing what he once did, Hill wrote.

A vocational rehabilitation report listed a few jobs Nagle could perform, such as telephone telemarketing, security guard and outside delivery messenger. But none was available in Newcastle, where Nagle lived and owned a home.

The only conclusion that can be reached based on the evidence before the commission is that Nagle is permanently disabled from doing work at any gainful occupation he was suited for by experience and training, the opinion said.

The court ordered the medical commission to award permanent total disability benefits to Nagle and also benefits for the injuries he suffered to his wrist and hip when he fell in 2001 because of his walking instability associated with his 1987 injuries.

Contact Joan Barron at (307) 632-1244 or joan.barron@trib.com