Arnold v. Splendid Bakery

401 P.2d 271, 88 Idaho 455, 1965 Ida. LEXIS 428
CourtIdaho Supreme Court
DecidedApril 19, 1965
Docket9522
StatusPublished
Cited by45 cases

This text of 401 P.2d 271 (Arnold v. Splendid Bakery) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Arnold v. Splendid Bakery, 401 P.2d 271, 88 Idaho 455, 1965 Ida. LEXIS 428 (Idaho 1965).

Opinion

*457 KNUDSON, Justice.

On December 6, 1952, claimant-respondent, Martha Arnold, who was then 27 years of age, sustained an injury to her back by an accident arising out of and in the'course of her employment with appellant Splendid Bakery. The accident occurred when respondent slipped on some cellophane paper lying on the bakery floor and fell injuring her back. Respondent has a long history of treatment resulting from said accident, of which the material facts are briefly stated in chronological order as follows:

On December 12, 1952, Gordon Garlock, D. C., examined respondent and following x-ray gave her diathermy and spinal adjustment treatments for about three weeks.

On December 31, 1952 respondent filed a Notice of Injury and Claim for Compensation. Appellant surety, State Insurance Fund, accepted liability and thereafter made payments to respondent for various periods thereafter in an aggregate amount in excess of $12,000 as total temporary disability compensation.

On January 9, 1953 respondent was examined by Dr. John T. Brunn, M. D., by whom she was frequently given diathermy treatments until March 23, 1954.

On January 13, 1953 she was examined by Dr. Delbert Ward, orthopedic specialist, who then reported history and findings .of a protruding disc. On January 30, 1953 she was, at the direction of Dr. War'd, admitted to the hospital for traction — results not good. Dr. Ward later performed a *458 myelogram and on'March'25, 1953 he performed a laminectomy.

Respondent returned to work on October 12, 1953 but had to quit after a short time following which she studied a business course and shortly thereafter was employed by a retail mercantile store as bookkeeper.

During the course of Dr. Ward’s treatment she was examined by Dr. R. E. Buck-master, M.. D., of Portland, Oregon, who approved of further “myelographic” studies by Dr. Ward.

- On July 8, 1954 another myelogram was taken and on August 13, 1954 respondent was, at the request of Dr. Ward, examined by Dr. C. R. Blackburn, M. D., and approximately. three months later she was examined by Dr. M. B. Shaw, M. D., orthopedic surgeon, who states in his report that he believed respondent did have a defective lumbosacral disc.

Following an examination by Dr. Robert A. Kuhn, M. D., neuropathic surgeon, made on December 13, 1954, respondent underwent, at his hands, another laminectomy on January 12, 1955.

At the request of appellant surety, respondent was on July 11, 1955, examined by Dr. James J. Coughlin, M. D., an orthopedic specialist who at that time recommended no further treatment. Thereafter, .and at the request o'f appellant surety, respondent was on' October 18, 1956, again examined by Dr. Donald J. Baranco, M. D., orthopedic surgeon, who discouraged any additional surgery on respondent.

Dr. Jerome K. Burton, M. D., orthopedic surgeon, first examined respondent on July 5, 1955, and thereafter acted as respondent’s principal medical advisor. At his request respondent was on October 9, 1957, examined by Dr. Maurice Burkholder, M. D., as a consultant, who could find no physical condition which would prevent respondent from having surgery on what was thought to be a recurrent disc.

On October 7, 1957, respondent was admitted to the hospital for a myelogram which was given the next day, following which, on October 16, 1957, another laminectomy was performed by Dr. Burton. Thereafter and for a period of approximately four months following December 12, 1957, respondent was given post-operative care and treated by Dr. Verne J. Reynolds, M. D., a gynecologist.

During the year 1958 respondent remained under the care of Dr. Burton, who, on November 4, 1958, performed another laminectomy and a spinal fusion. Respondent was released from the hospital January 21, 1959, and at periodic intervals thereafter was reexamined by Drs. Burton and Burkholder.

‘ On November 29, 1960, another and the final laminectomy was performed upon re *459 spondent by Dr. Burton to ascertain with certainty that there had been no recurrence of herniation of a disc and that the spinal fusion was solid.

Respondent’s work history following her accident discloses that she worked intermittently until September 18, 1957, since which date she has not been employed.

By the foregoing statement it is intended to mention only the initial examination made by the respective doctors named — no attempt will be made to state in this opinion the many additional examinations made by and interviews had with the doctors mentioned.

On April 29, 1963, appellant surety ceased payment of any compensation to respondent following which she filed an amended petition for a hearing before the Industrial Accident Board, which hearing was held on January 30, 1964. Thereafter the Board made its findings that respondent is totally disabled for work and that such condition is prospectively permanent. By the award entered appellant surety was directed to pay its obligation to her pursuant to the Workmen’s Compensation Law so long as her disability shall continue. This appeal is from said findings and award.

Appellant contends that the Board erred in holding that respondent was totally disabled for work and that said condition is prospectively permanent. Appellant’s argument in support of this contention is concerned largely with the fact that three of the five doctors who testified at the final hearing before the Board, did not express an opinion that respondent was totally disabled. The fact that a greater number of expert witnesses may support a view different from the conclusion reached is not the controlling test for determining the preponderance of the evidence. Tilden v. Hubbard, 25 Idaho 677, 138 P. 1133.

The weight and credibility of testimony in a compensation case, including the opinions of experts, is for the Board, and its finding is conclusive on appeal when supported by competent evidence. Lane v. General Telephone Company of Northwest, 85 Idaho 111, 376 P.2d 198; Nitkey v. Bunker Hill & Sullivan Mining & Con. Co., 73 Idaho 294, 251 P.2d 216; Benson v. Jarvis, 64 Idaho 107, 127 P.2d 784. Under said claim of error the issue presented is whether the finding that respondent is totally disabled is supported by competent evidence.

The record discloses that at the final hearing before the Board held January 30, 1964, five doctors, each being an orthopedic surgeon whose qualification was in no respect challenged, testified and each expressed his opinion regarding respondent’s disability. The following is a brief statement of the disability rating given by each of said *460 doctors and the 'date of his last examination' of respondent prior to said hearing:

Dr. Shaw — Last examination had July 10, 1 1963.

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Bluebook (online)
401 P.2d 271, 88 Idaho 455, 1965 Ida. LEXIS 428, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arnold-v-splendid-bakery-idaho-1965.