Backsen v. Blauser

520 P.2d 858, 95 Idaho 811, 1974 Ida. LEXIS 509
Idaho Supreme Court·Decided April 1, 1974·No. 11286·Published·Cited by 17 cases

Opinion

BAKES, Justice.

Claimant-appellant Ragnar H. Backsen, Jr., hereinafter claimant, a resident of Canyon County, Idaho, was employed by Blauser Trucking, hereinafter Blauser, a sole proprietorship licensed by the Idaho Public Utilities Commission to transport agricultural products within a 150-mile radius of Nampa, Idaho. Blauser is primarily engaged in hauling unprocessed agricultural products (e. g., hay, sacked onions, etc.) from the field for farmers of Canyon County. The hauling of unprocessed agricultural products comprised 75-90% of respondent’s business. Claimant was hired as a truck driver and hay stacker and was required to obtain a chauffeur’s driver’s license. In the performance of claimant’s duties he would haul the product from the field to Blauser’s client’s designated delivery point. On July 13, 1972, claimant, during the course of his employment, injured his knee while stacking hay. On that particular day, a farmer had engaged Blauser to move hay from the farmer’s field to the farmer’s barn. The injury occurred while claimant was restacking bales of hay in the farmer’s barn.

On July 18, 1972, claimant again injured his knee while in the course of his employment. This injury occurred as claimant entered a truck and bumped his knee. On that particular day, the job was to move bales of hay from the farmer’s field to a place next to his barn.

*812 On August 10, 1972, claimant filed an application for a hearing in the Industrial Commission. Following the hearing held on November 2, 1972, the Industrial Commission ruled that since Blauser’s general business was within the definition of agricultural pursuits, claimant’s employment must also be considered agricultural and thus exempt from workmen’s compensation coverage. From this holding, claimant brings this appeal.

The sole issue presented for this Court’s determination is whether claimant’s employment was an agricultural pursuit and thus exempt from workmen’s compensation coverage. We answer in the negative and hold that claimant was not engaged in an agricultural pursuit at the time he was injured.

I.C. § 72-203 provides that the workmen’s compensation laws shall apply to all public employment and all private employment not expressly exempt by I.C. § 72-212. I.C. § 72-212(8) provides for an exemption for employment in agricultural pursuits. Agricultural pursuit is defined as follows:

“ . . . Agricultural pursuits, as used herein, shall include the raising or harvesting of any agricultural or horticultural commodity including the raising, pelting, shearing, feeding, caring for, training and management of livestock, bees, poultry and fur-bearing animals and wildlife raised in captivity, on enclosed lands and public range.” I.C. § 72-212(8).

The test for determining whether the activity in this case falls within the purview of the workmen’s compensation laws or is exempt therefrom was stated by this Court in Reedy v. Trummell, 90 Idaho 318, 410 P.2d 654 (1966), wherein the Court stated:

“The test for determining whether the activity is one which is covered by the workmen’s compensation law or is exempt therefrom, is not the immediate task the workman is doing at the time of the accident, but the occupation or pursuit of the employer considered as a whole. (Cases cited).” 90 Idaho at 321, 410 P.2d at 656.

See also Manning v. Win Her Stables, Inc., 91 Idaho 549, 428 P.2d 55 (1967).

We recognize, however, that the “line of demarcation between employment that is agricultural or not is extremely attenuated,” Mulanix v. Falen, 64 Idaho 293, at p. 296, 130 P.2d 866, at p. 867 (1942); see also Hubble v. Perrault, 78 Idaho 448, 304 P.2d 1092 (1956), and that the same work done under certain conditions and circumstances may be agricultural and under other conditions and circumstances not. Mulanix v. Falen, supra. In Mundell v. Swedlund, 59 Idaho 29, 80 P.2d 13 (1938), this Court quoted with approval from Peterson v. Farmers’ State Bank of Eyota, 180 Minn. 40, 230 N.W. 124, as follows:

“ ‘A workman is not a farm laborer simply because at the moment he is doing work on a farm; nor because the task on which he is engaged happens to be what is ordinarily considered farm labor. The employee of an implement dealer does not become a farm laborer while engaged in correcting the behavior of a self-binder in the grain field of the owner, a farmer and customer of the dealer. Nor would the employee of a well digger become a farm laborer while stabling horses used on the drilling outfit. But a farmer’s hired man would not cease to be a farm laborer while adjusting harvesting machinery or stabling the horses of a contractor drilling a well on the place . . . ' . Neither the pending task nor the place where it is being performed is the test. The whole character of the employment must be looked to to determine whether he is a farm laborer.’ ” 59 Idaho at 36, 80 P.2d at 16.

It is also well established that after a workman establishes an employer-employee relationship; the burden falls upon the employer to prove that he is within an exception to coverage as set forth in I.C. § 72-212. Lynskey v. Lind, 94 Idaho 788, 498 P.2d 1261 (1972); Manning v. Win Her Stables, supra.

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Backsen v. Blauser, 520 P.2d 858, 95 Idaho 811, 1974 Ida. LEXIS 509 (Idaho 1974).

520 P.2d 858 (Backsen v. Blauser) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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