Bruce v. Clear Springs Trout Farm

707 P.2d 422, 109 Idaho 311, 1985 Ida. LEXIS 532
CourtIdaho Supreme Court
DecidedSeptember 23, 1985
Docket15533
StatusPublished
Cited by5 cases

This text of 707 P.2d 422 (Bruce v. Clear Springs Trout Farm) 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
Bruce v. Clear Springs Trout Farm, 707 P.2d 422, 109 Idaho 311, 1985 Ida. LEXIS 532 (Idaho 1985).

Opinions

[312]*312SHEPARD, Justice.

This is an appeal by employer Clear Springs Trout Farm and its surety Aetna Casualty, from a decision of the Industrial Commission that claimant Bruce is totally and permanently disabled as a result of an industrial accident which she had while employed by Clear Springs. Employer and surety also assert error in the commission’s dismissal of the Idaho Industrial Special Indemnity Fund as a party. We affirm.

Bruce worked for the employer, cleaning, gutting, and weighing fish, starting in September 1977. At that time, she was 37 years old, had a work history limited to assembly-line jobs, and had an eighth grade education. On October 25, 1977, she slipped and fell on the tail of her spine. She immediately felt pain and numbness in her back and legs, and she left work to see a doctor. She was hospitalized for a week, during which she was examined and treated by several doctors. Following her release from hospitalization, she continued under doctors’ care. She returned to work in December 1977 for less than two weeks, but then she terminated her employment, being unable to work due to pain in her back and legs.

During the following years, claimant saw several doctors, underwent at least two surgeries on her lower back, and experienced increasing pain in her back and legs. She was hospitalized for several lengthy periods of time and was usually confined to bed or wheelchair when she was at home. Her doctor rated her 40% impaired in July. 1981, at which time her claim for worker’s compensation benefits had not been settled. The depositions of seven doctors are a part of the record and indicate a considerable disagreement as to the extent and cause of claimant’s inability to work.

Plaintiff testified to having had a troubled childhood and a traumatic first marriage. In 1975, she had been hospitalized for two weeks for an emotional disorder due largely to abuse inflicted upon her by her then husband. Prior to the October 1977 industrial accident, she had had several abdominal surgeries, but she testified that she had worked without pain or other problems prior to the industrial accident in question here.

The decision of the commission, dated February 2, 1984, found that claimant had a permanent partial impairment of 40% in the form of psychogenic pain syndrome, and that “this impairment was caused by the effects of the claimant’s injury as it acted upon her preexisting personality disorder.” However, the commission found “that the claimant did not have, prior to her accident, any permanent physical impairment.” (Emphasis added.) The commission concluded that the claimant Bruce is totally and permanently disabled and that the employer/surety was responsible for the entire liability. Therefore, the Industrial Special Indemnity Fund was dismissed as a defendant.

The instant case is essentially a factual appeal. The employer and its surety assert that the commission erred in finding claimant to be totally and permanently disabled, and in finding that she had no preexisting disability such as would place a portion of the liability for her benefits upon the State of Idaho Industrial Special Indemnity Fund. See I.C. § 72-332 (regarding payment for special injuries from industrial special indemnity account).

We have said that the degree and cause of a claimant’s disability are largely questions of fact, with the added requirement, however, that the commission’s findings in that regard be supported by the record. Carey v. Clearwater County Road Dept., 107 Idaho 109, 686 P.2d 54 (1984); Arnold v. Splendid Bakery, 88 Idaho 455, 401 P.2d 271 (1965); Adams v. Bitco, Inc., 72 Idaho 178, 238 P.2d 428 (1951). The standard of review in such cases requires that the commission’s factual determinations be affirmed, where they are supported by substantial competent evidence. Idaho Const. art. 5, § 9; I.C. § 72-732; Wolf v. Kaufman & Broad Home Systems, 106 Idaho 838, 683 P.2d 874 (1984); Nelson v. Pumnea, 106 Idaho 48, 675 P.2d 27 (1983).

[313]*313The evidence before the commission and in the record here, while conflicting, is adequate to support the findings of the commission as to the total permanent disability and as to the lack of preexisting physical impairment. In relevant part, plaintiff testified:

“Q ... Now, Mrs. Bruce, ... Prior to your injury of October 25, 1977, had you had any previous injury to any part of your body from an accident?
“A Not that I can remember of.
“Q Did you have, prior to your accident of October 25, 1977, did you have any problem with your back in anyway?
“A No.”
“Q Did you have any problem performing any work?
“A No.”

And later, claimant testified:

“Q Did you, in your opinion, recover from that situation that you had with your husband?
“A Yes, I did. I totally recovered when I divorced him.
******
“Q After that, in your opinion, you didn’t have any further problems?
“A No. The psychiatrist told me I didn’t need to come see him anymore, that he thought I was in perfect condition, that I was handling myself quite well.”

Claimant Bruce testified that, following her accident in October 1977, she had constant pain in her back and legs; she repeatedly fell if she tried to walk; she could not work, but had to stay home in bed or in a wheelchair; and the pain thereapy and acupuncture which she underwent were of little help.

Dr. Worst, a psychiatrist and trained physician with surgical experience, testified:

“A It’s my psychiatric opinion, which is a medical opinion, since psychiatry is a specialty of medicine, that this lady does have a permanent psychiatric impairment, that her ability to function is permanently impaired in several different areas which I’ve previously described in this deposition, in terms of her ability to function in the daily tasks of life such as housekeeping, cooking, conversations with her husband, parenting her children, socializing with her neighbors, and more, and these are evidences of a psychiatric disorder which I’ve described and, in my opinion caused by the orthopedic injury which she sustained in October of 1977.
“Also it’s my opinion that this impairment is permanent ... to the extent that she has made no progress ... in these areas, even though therapy has been available to her.
******
“Based on the Guidelines that I’ve reviewed from the American Medical Association, as I compare them with my findings, based on my examination, I believe this woman is, psychiatrically, 40% impaired.
******
“Q All right. Doctor, in your opinion is this lady psychiatrically retrainable into another field or occupation?
“A No.

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Bruce v. Clear Springs Trout Farm
707 P.2d 422 (Idaho Supreme Court, 1985)

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Bluebook (online)
707 P.2d 422, 109 Idaho 311, 1985 Ida. LEXIS 532, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bruce-v-clear-springs-trout-farm-idaho-1985.