Cox v. INTERMOUNTAIN LUMBER COMPANY

439 P.2d 931, 92 Idaho 197, 1968 Ida. LEXIS 272
CourtIdaho Supreme Court
DecidedApril 23, 1968
Docket10059
StatusPublished
Cited by9 cases

This text of 439 P.2d 931 (Cox v. INTERMOUNTAIN LUMBER 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
Cox v. INTERMOUNTAIN LUMBER COMPANY, 439 P.2d 931, 92 Idaho 197, 1968 Ida. LEXIS 272 (Idaho 1968).

Opinion

McFADDEN, Justice.

John D. Cox, claimant-respondent, hereinafter sometimes referred to as claimant or Cox, on October 18, 1965, was injured in an industrial accident, while in the employ *199 of appellant Intermountain Lumber Company, whose surety at the time of the accident was appellant Travelers Indemnity Company. Cox filed a petition for hearing before the Industrial Accident Board against his employer and its surety. He also named as a defendant the Industrial Special Indemnity Fund (hereinafter referred to as the indemnity fund). See I.C. §§ 72-314, 72-315. Cox was married at the time of the accident with two minor children dependent upon him.

It was stipulated, and the board so found, that Cox was blind (within the meaning of the Workmen’s Compensation Act) in his right eye prior to the October 18, 1965 accident. It was further stipulated, and so found by the board, that prior to such accident, Cox had only 20% unaided visual acuity in his left eye, but that aided by glasses he had 85% visual acuity in that eye. The board found that the accident caused blindness in Cox’s left eye and that the right eye already was “legally blind.” The board concluded that “the result of the accident was to cause the claimant to become totally and permanently disabled under the provisions of Sec. 72-311, I.C.,

The board ordered appellants, the employer and its surety, to pay claimant $45.00 per week for 120 weeks and after expiration of that time, claimant was to petition the board for an award against the Industrial Special Indemnity Fund for the remainder of the amount that would be due for total permanent disability.

The issues presented by this appeal do not involve the claimant Cox. It is undisputed that he is totally blind and is totally disabled, and thus entitled to receive $45.00 for 400 weeks and a reduced amount subsequent to that time. (I.C. § 72-310(a), as amended S.L.1963, Ch. 46, p. 196). However, the appellants and the indemnity fund disagree as to how much of the award each is to pay.

In addition to I.C. § 72-310(a), other statutes involved as they existed at the time of claimant’s accident and injury are as follows:

“I.C. § 72-313. Specific indemnities for certain injuries. — (a) Specific Indemnity for Permanent Injury. An employee, who suffers a permanent injury less than total, shall, in addition to compensation, if any, for temporary total and temporary partial disability, be entitled to specific indemnity for such permanent injury equal to 60% of his average weekly wages, but not more than [$30.00] nor less than [$15.00] per week for the periods of time stated against the following scheduled injuries respectively:
Specific Indemnity Schedule
For loss of one: For the following number of weeks:
v
Total blindness of one eye .... 120
jjc sjc ‡ sf:
(b) Computation of Specific Indemnity for Nonscheduled Injuries. In all other cases of permanent injury, less that total, not included in the above schedule, the compensation shall bear such relation to the periods stated in the above schedule as the disabilities bear to those produced by the injuries named in the schedule onto total disability (400 weeks).”
“I.C. § 72-315(a). Compensation- for total blindness caused by pre-existing conditions and subsequent accidental injury. — Whenever an employee already blind in one eye loses the sight in his. other eye as the result of a compensableaccident, his employer shall be liable only for the disability caused by the accident, which occurred in his employ, but the-injured employee shall be compensated for the remainder of his total permanent-disability out of the industrial special'indemnity fund, as provided in section 72— 315(c).”
“I.C. § 72-315(c). Residual liability of industrial special indemnity fund. — In the-case of an injured employee eligible to-compensation from the industrial special' indemnity fund, as provided in section: *200 72-315(a) and 72-315(b), following the payment by the employer to the injured employee of all compensation for disability caused by the accident and after the cessation of the period of weeks prescribed by section 72-313 for the payment of specific indemnity, the disabled employee shall be paid out of (the) industrial special indemnity fund the remainder of the compensation that would be due him for total permanent disability, if the subsequent injury itself had been the cause of his total permanent disability.”

Appellants contend: that they are liable only for $30.00 per week for 24 weeks; that they are liable only for medical expenses incurred during those 24 weeks; and that respondent is liable for the remaining amount. Appellants base their contention on the fact that Cox had only 20% unaided visual acuity in his left eye prior to the accident and hence they are liable only for 20% of the 120 weeks provided by I.C. § 72-313, or 24 weeks. With respect to the weekly payments to be made, appellants contend that $30.00 per week is all they are liable for, and not $45.00 per week as the board required them to pay under I.C. § 72-310. On the other hand the indemnity fund asserts that appellants are liable for the full 120 weeks and as it interprets I.C. § 72-315 (a) and (c), appellants must pay at the rate of $45.00 per week for that period of time.

Appellants in their brief state that they “do not question that they should be liable to the claimant at the rate of $45.00 per week from October 23, 1965 (the date of commencement of claimant’s disability) to approximately December 11, 1965, since until the latter date the condition of the claimant had not become stable from a medical standpoint.” They argue, however, that upon the determination that the claimant was thereafter totally and permanently disabled, I.C. § 72-315(a) and I.C. § 72-315(c) come into effect, and that appellants’ liability must be limited to the disability caused by the accident, with the remainder of claimant’s total permanent disability being paid from the indemnity fund.

This court and the parties all agree as to the ultimate purpose of the indemnity fund. Prior to its creation, an employer who hired a handicapped worker was subject to the responsibility of paying for total permanent disability compensation to an employee rendered totally and permanently disabled because of his pre-existing handicap coupled with a subsequent industrial injury. See: McNeil v. Panhandle Lumber Co., 34 Idaho 773, 203 P. 1068 (1921). The fund was established to relieve an employer of this burden. The underlying policy of the fund is to allow an employer to hire a handicapped person, with the obligation only to pay compensation for an industrial injury to the handicapped person such amount as the employer would have had to pay an employee who had not been handicapped, with the indemnity fund assuming responsibility for the balance of the total permanent disability. See: McDonald v. Treasurer of State of Idaho, 52 Idaho 535, 16 P.2d 988 (1932); Arview v. Industrial Comm., 415 Ill. 522, 114 N.E. 2d 698 (1953); Miears v. Industrial Acc. Bd., 149 Tex.

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Bluebook (online)
439 P.2d 931, 92 Idaho 197, 1968 Ida. LEXIS 272, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cox-v-intermountain-lumber-company-idaho-1968.