Beard v. Post Company

348 P.2d 939, 82 Idaho 38, 1960 Ida. LEXIS 180
CourtIdaho Supreme Court
DecidedJanuary 29, 1960
Docket8801
StatusPublished
Cited by7 cases

This text of 348 P.2d 939 (Beard v. Post Company) 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
Beard v. Post Company, 348 P.2d 939, 82 Idaho 38, 1960 Ida. LEXIS 180 (Idaho 1960).

Opinion

KNUDSON, Justice.

On June 1, 1953, claimant William P. Beard was an employee of The Post Company, a corporation d/b/a The Post Register, defendant-respondent. The Post Company (employer) had Liberty National Insurance Company (formerly Idaho Com *41 pensation Company) defendant-respondent as its surety for the year 1953, Western Pacific Insurance Company, defendant-respondent, as its surety for the year 1954, and defendant-appellant ICT Insurance Company of Texas and/or Tri-State Insurance Company as its surety for 1955.

Claimant, while working as a printer foreman in the composing room of his employer on June 1, 1953, sustained injuries to his back and neck. On June 8, 1953, he filed a notice of injury and claim for compensation with the Industrial Accident Board, a copy of which was served upon the then surety Idaho Compensation Company. On October 1, 1953, the surety having since changed its name to Liberty National Insurance Company reported that the medical expenses amounting to $73.66 had been paid. No compensation was paid to claimant as he lost no compensable time and no determination was made as to permanent partial disability.

On June 25, 1954, claimant again filed a claim with the Industrial Accident Board in which claimant alleges that an accident occurred on April 21, 1954. Service of this claim was made on Liberty National Insurance Company as surety during 1953 and Western Pacific Insurance Company as surety in 1954. The Liberty National Insurance Company on October 8, 1954, wrote the Western Pacific Insurance Company sending a copy to the Board that the Liberty National Insurance Company had paid the hospital bill in the amount of $140.85 and invited pro-rating of liability.

A third claim was filed by claimant with the Board on April 27, 1955, in which he alleges that an accident occurred on March 19, 1955. Copies of this notice of claim were served on each of the sureties for the years 1953 and 1954 and upon appellant as the surety for 1955. No medical payments were made under this claim.

On April 18, 1957, claimant filed with the Board a petition for hearing in connection with all three of his said claims to which each of the three sureties filed an answer denying liability. At the close of the hearing on May 1, 1957, it was determined that claimant be examined by a neurosurgeon and the hearing was continued pending the outcome of such examination. The neurosurgical examination was performed on May 20, 1957, and three days later a surgical operation was performed upon claimant following which claimant underwent surgical treatment until a final examination was made on February 8, 1958. On March 26, 1958, the neurosurgeon reported his medical findings and evaluated claimant’s residual disability as equal to 15% of the loss of the right arm at the shoulder joint. This estimate of residual disability was adopted by the Board. The 1957 and 1958 medical, surgical and hospital expenses totaled $1,399.-75.

*42 On June 27, 1958, counsel for the three sureties met with the Board. Liberty National Insurance Company and Western Pacific Insurance Company, through their respective counsel, and without admitting liability, each voluntarily tendered one-third of the outstanding medical expenses of claimant and one-third of the permanent partial disability rating. Appellant denied liability for any part of the medical expenses or compensation.

On May 14, 1959, the Board filed findings of fact and conclusions of law and made an award to claimant as specific indemnity for permanent partial disability equivalent to 15% of the loss of an arm at the shoulder in the amount of $900, payable at $25 per week for thirty-six weeks. It was deemed by the Board that defendant-employer was liable for only three-fourths of the specific indemnity award or $675. Each of the three sureties was made liable for one-third of said $675 or $225. The Board found that the Liberty National Insurance Company was liable for the medical expense incurred during the year 1953, Western Pacific Insurance Company for the medical expense incurred in 1954 and that appellant was liable for the medical expense incurred in 1955. The 1957 and 1958 medical expense amounting to $1,399.75 was found by the Board to be subject to the same apportionment as the partial permanent disability, i. e., claimant liable for 25%, with the remaining 75% liability apportioned one-third to each of the sureties. The Board made an award accordingly. This appeal is taken from that portion of the award against appellant.

Under appellant’s specifications of error, which are interrelated, it is contended that the Board failed to make any specific finding as to any occurrence involving claimant during 1955 which was an accident within the meaning of the Workmen’s Compensation Law of this state, and that the award is based upon findings unsupported by the evidence.

We shall first determine whether the evidence establishes that claimant sustained an injury as a result of an accident arising out of and in the course of his employment by respondent The Post Company during 1955. A review of the notices of injury and claims for compensation filed by claimant discloses that the first notice was dated June 5, 1953, and filed with the Board on June 8, 1953. In said notice claimant stated that on June 1, 1953, while working with an electrically driven Elrod he had an accident which he described as:

“Lifting plunger, which was frozen in well, suddenly gave way causing employee to be thrown off balance, strained back and neck.”

The next notice of injury filed by claimant on June 25, 1954, states that an acci *43 dent occurred April 26, 1954, and in describing how the claimed accident happened it is stated:

“See report of June 5th, 1953. This was a reoccurrence of the same, strained back and neck last year.”

The last notice of injury was filed by claimant on April 20, 1955, and states that an accident occurred March 19, 1955. In describing how this accident happened it is stated:

“See report of June 5, 1953. This was a reoccurrence of the same. Lifting plunger which was frozen in well, suddenly gave way causing employee to be thrown off balance. Strained back and neck.”

It was stipulated by appellant that claimant, on or about June 1, 1953, received an injury arising out of and in the course of his employment. Claimant described the effect of that injury as causing a partial paralysis of his left arm and hand. The doctors who examined claimant expressed the opinion that claimant sustained a disc injury at that time. Since we are here concerned with what happened to claimant during 1955 it is unnecessary to review in detail claimant’s work or medical history during 1954. Claimant testified that from April, 1954 to May 1, 1957 (being the date of the first hearing before the Board) he experienced continuous pain in his arms. Claimant further testified that about March 19, 1955, he experienced a great increase in pain and reported to his doctor that the onset of such severe pain occurred while he was in traction in bed at home on a Sunday. Claimant was questioned several times if he had an accident of any kind during 1955 to which he repeatedly replied that no accident occurred.- The following is an excerpt from his testimony in this regard:

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Cite This Page — Counsel Stack

Bluebook (online)
348 P.2d 939, 82 Idaho 38, 1960 Ida. LEXIS 180, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beard-v-post-company-idaho-1960.