Eacret v. Clearwater Forest Industries

40 P.3d 91, 136 Idaho 733, 2002 Ida. LEXIS 15
CourtIdaho Supreme Court
DecidedJanuary 17, 2002
Docket26421
StatusPublished
Cited by35 cases

This text of 40 P.3d 91 (Eacret v. Clearwater Forest Industries) 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
Eacret v. Clearwater Forest Industries, 40 P.3d 91, 136 Idaho 733, 2002 Ida. LEXIS 15 (Idaho 2002).

Opinion

EISMANN, Justice.

The employer Clearwater Forest Industries and its surety Liberty Northwest Insurance Corporation (herein both called “Clear-water”) appeal the Industrial Commission’s decision not to apportion, under Idaho Code § 72-406(1), the permanent disability of the claimant William E. Eacret (herein “Eacret”) between the industrial accident and a preexisting physical impairment. We affirm the order of the Industrial Commission.

I. FACTS AND PROCEDURAL HISTORY

On August 2, 1994, Eacret injured his back while carrying a sixteen-foot-long, 2x10 board during the course of his employment as a planer superintendent at a lumber mill owned by Clearwater. He finished his shift, but sought medical treatment the next day. After a period of conservative treatment, Eacret had back surgery at L4-5 and L5-S1 on November 1, 1994. Eacret received physical therapy following his surgery, and returned to work for Clearwater on March 10, 1995, although at a light duty job and at a lower rate of pay.

Eacret filed a workers’ compensation complaint, which was heard on October 22, 1998. One of the issues raised by Clearwater was the apportionment of Eacret’s disability pursuant to Idaho Code § 72-406(1). Eacret’s *735 prior medical history included a two-week hospital stay (including traction) for a back problem in 1979, left-side low back pain in 1984, an upper-back problem in 1992, a lower-back problem in 1993, and three knee surgeries, the last of which was performed in 1993. Eaeret began working for Clearwater in 1989.

Clearwater had a panel of two physicians, one of whom was an orthopedic surgeon, conduct an independent medical examination (herein “IME”) of Eaeret. In their report dated February 16, 1996, the two physicians stated that Eaeret had not yet achieved maximum medical improvement. On April 17, 1996, the orthopedic surgeon on the panel sent Clearwater a letter in which he stated that after reviewing an MRI scan report dated March 3, 1996, he concluded that Eacret had attained maximum medical improvement and that in his opinion Eacret’s permanent partial impairment was 10% of the whole person. The orthopedic surgeon also stated that no apportionment was indicated because, absent evidence to the contrary, all of Eacret’s low back problems occurred while employed by Clearwater. On October 8, 1998, the orthopedic surgeon sent a second letter to Clearwater in which he stated that he had reviewed additional medical records of Eaeret and that in his opinion Eaeret had a 12% permanent partial impairment, with 5% apportioned to his preexisting condition, 5% apportioned to the industrial accident, and 2% apportioned to a physical assault upon Eaeret that occurred at his place of employment after he returned to work. Clearwater offered the report and both letters into evidence at the hearing.

The evidence presented by Eaeret included the post-hearing deposition of his family physician. When questioned about the opinions contained in the second letter from the orthopedic surgeon, Eacret’s family physician stated that he could not express an opinion on the 12% permanent partial impairment and would assume that figure was correct. He then testified that assuming the 12% permanent partial impairment was accurate, he would probably rate 7% to 8% of that 12% (58% to 67% of the impairment) as being due to the industrial accident.

The referee found that Eaeret had a permanent partial impairment of 10% and a permanent partial disability of 37%. The referee also found that Clearwater had failed to prove that Eaeret’s permanent disability should be apportioned under Idaho Code § 72-406(1). The Industrial Commission approved and adopted the findings of fact, conclusions of law, and recommendations of the referee and entered an appropriate order. Clearwater then appealed.

II. STANDARD OF REVIEW

When this Court reviews a decision of the Industrial Commission, it exercises free review over questions of law, but reviews questions of fact only to determine whether substantial and competent evidence supports the Commission’s findings. Rivas v. K.C. Logging, 134 Idaho 603, 7 P.3d 212 (2000). Substantial and competent evidence is relevant evidence that a reasonable mind might accept to support a conclusion. Id, Because the Commission is the fact finder, its conclusions on the credibility and weight of the evidence will not be disturbed on appeal unless they are clearly erroneous. Id. This Court does not weigh the evidence or consider whether it would have reached a different conclusion from the evidence presented. Id, “Whether a claimant has an impairment and the degree of permanent disability resulting from an industrial injury are questions of fact. Id.

III. ANALYSIS

Although it phrases the issue in several different ways, the sole issue raised by Clearwater on appeal is whether or not the Commission’s findings regarding apportionment of the permanent disability are supported by substantial and competent evidence. Idaho Code § 72-406(1) absolves an employer from liability for that portion of a permanent partial disability that is due to a preexisting physical impairment. The statute provides as follows:

In eases of permanent disability less than total, if the degree or duration of disability resulting from an industrial injury or occupational disease is increased or *736 prolonged because of a preexisting physical impairment, the employer shall be liable only for the additional disability from the industrial injury or occupational disease.

“Permanent impairment” is defined as “any anatomic or functional abnormality or loss after maximal medical rehabilitation has been achieved and which abnormality or loss, medically, is considered stable or nonprogressive at the time of evaluation.” IDAHO CODE § 72-422 (1999). “ ‘Evaluation (rating) of permanent impairment’ is a medical appraisal of the nature and extent of the injury or disease as it affects an injured employee’s personal efficiency in the activities of daily living, such as self-care, communication, normal living postures, ambulation, elevation, traveling, and nonspecialized activities of bodily memb'ers.” IDAHO CODE § 72-424 (1999). A preexisting permanent impairment need not be a hindrance or obstacle to obtaining employment or re-employment in order for it to be apportionable under Idaho Code § 72-406(1). Campbell v. Key Millwork & Cabinet Co., 116 Idaho 609, 778 P.2d 731 (1989).

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Bluebook (online)
40 P.3d 91, 136 Idaho 733, 2002 Ida. LEXIS 15, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eacret-v-clearwater-forest-industries-idaho-2002.