Goodson v. LW Hult Produce Company

543 P.2d 167, 97 Idaho 264, 1975 Ida. LEXIS 404
CourtIdaho Supreme Court
DecidedNovember 21, 1975
Docket11771
StatusPublished
Cited by25 cases

This text of 543 P.2d 167 (Goodson v. LW Hult Produce 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
Goodson v. LW Hult Produce Company, 543 P.2d 167, 97 Idaho 264, 1975 Ida. LEXIS 404 (Idaho 1975).

Opinions

McFADDEN, Justice.

Claimant-appellant James R. Goodson filed his claim with the Industrial Commission seeking compensation for injuries allegedly sustained while employed by the defendant-respondent L. W. Hult Produce Company.

At all times pertinent to this dispute, respondent L. W. Hult, doing business as L. W. Hult Produce Company, was engaged in growing and marketing certified seed potatoes on approximately 350 acres of farming land near Moore, Idaho. Following the 1971 harvest, Hult stored approximately 62,000 cwt. of potatoes in three farm storage cellars where his employees sorted them to meet certification requirements. Approximately 55,000 cwt. of the total were sold and transported by truck directly from the storage cellars; the bulk of these were marketed as certified seed [266]*266potatoes .and some, mainly oversized ones, were marketed as commercial potatoes. The remaining 6,500 cwt. of the total, unsuitable for sale as seed potatoes, were transported about five miles from the storage cellars to a warehouse operated by Hult situated next to the railroad. These potatoes were there washed, sorted, sacked, loaded onto railroad cars, and marketed commercially in carload quantities. To insure that he could fill individual railroad cars, Hult had an informal arrangement with three neighbors whereby their potatoes were brought to the warehouse, washed, sorted, and sacked in bags furnished by the neighbors to fill a particular railroad car for shipment. Approximately 2,755 cwt. of potatoes owned by the three neighbors were handled through the warehouse between March 2 and May 26, 1972, along with the 6,500 cwt. of potatoes owned by Hult.

Appellant Goodson was employed by Hult beginning on May 15, 1972, and continuing through May 25, 1972. During his nine days of employment with Hult, Good-son worked at both the warehouse and the storage cellars, but he spent a greater amount of time at the warehouse. On May 22, 1972, Goodson and a fellow employee each picked up one end of a hundred-pound sack of potatoes to load on a hand cart at the warehouse facility. Good-son’s right foot slipped in the process and he fell upon his left knee while holding the sack of potatoes. Claimant contends this fall resulted in a need for surgery to his left knee and caused permanent partial disability for which he sought compensation. Goodson verbally informed the defendant of the injury on May 25, 1972, at which time he was advised to see a doctor, whom he visited the same day.

Goodson subsequently filed his written notice of injury and claim for compensation. Hult contested the claim, denying that the parties were covered by the Workmen’s Compensation Act1 and alleging specifically that Goodson’s employment was exempt as an agricultural pursuit under I. .C. § 72-212(8). Both parties submitted the issue of Goodson’s coverage to the Industrial Commission of the State of Idaho upon a stipulation of facts. The Commission, by order, initially concluded that the Act covered Goodson’s employment. Upon motion by Hult, the Industrial Commission later withdrew its order and received further evidence. The Commission subsequently reversed its earlier order and concluded that Goodson was exempt from the act’s coverage. Goodson has appealed from this order.

The principal issue raised by this appeal is whether the Industrial Commission erred in its application of the law regarding the agricultural exemption (I.C. § 72-212(8)) to the facts of this case. After reviewing the law concerning the agricultural exemption, we have concluded that the Industrial Commission erred in its interpretation and application, and reverse the order.

This court repeatedly has recognized the policy that “there should be accorded to the Workmen’s Compensation Act a broad and liberal construction, that doubtful cases should be resolved in favor of compensation, and that the humane purposes which these acts seek to serve leave no room for narrow technical construction.” Smith v. University of Idaho, 67 Idaho 22, 26, 170 P.2d 404, 406 (1946). See also Miller v. FMC Corp., 93 Idaho 695, 471 P.2d 550 (1970); Kiger v. Idaho Corp., 85 Idaho 424, 380 P.2d 208 (1963); Collins v. Moyle, 83 Idaho 151, 358 P.2d 1035 (1961). A necessary corollary to the realization of the humane purposes and promotion of justice within the workmen’s compensation scheme is that all exemptions from coverage, including the one for agricultural pursuits, be construed narrowly. Idaho Code section 72-203 expresses the policy that the Workmen’s Compensation Act “shall apply to all public employment and to all private employment not express[267]*267ly exempt by the provisions of section 72-212.” The latter section specifically enunciates an exemption from the Act’s coverage for “agricultural pursuits” which include “the raising or harvesting of any agricultural or horticultural commodity * * *.” I.C. § 72-212(8). Addressing the predecessor to I.C. § 72-203, this court ruled against “restricting] its coverage by construction in cases where such restriction is not fairly required by the terms of the act itself.” Collins v. Moyle, 83 Idaho 151, 155, 358 P.2d 1035, 1036 (1961). A discussion of the agricultural exemption necessarily is predicated upon these fundamental policies and purposes of workmen’s compensation law.

In Hubble v. Perrault, 78 Idaho 448, 453, 304 P.2d 1092, 1094 (1956), this court stated that “ * * * the general character of the work for which the employee was hired or is required to perform is the test of whether the labor was performéd in a covered employment or in an exempt employment.” The principal business of the employer governs the workmen’s compensation status of an employee engaged in that enterprise and in employment incidental to it. Hubble v. Perrault, supra; Bartlett v. Darrah, 76 Idaho 460, 285 P.2d 138 (1955); Reed v. Russell, 67 Idaho 84, 172 P.2d 853 (1946); Mundell v. Swedlund, 59 Idaho 29, 80 P.2d 13 (1938). When an employer engages in a secondary enterprise which, although it may be related to the principal business, fairly can be said to be a separate and special occupation, the nature of the special business of the employer supplants the principal business as the governing factor in determining the status of an employee engaged in that second enterprise.2 Manning v. Win Her Stables, Inc., 91 Idaho 549, 428 P.2d 55 (1967); Hubble v. Perrault, supra.

The principal business of L. W. Hult Produce Company at the time of the injury to James R. Goodson was seed potato farming. Hult also conducted marketing operations for commercial potatoes which were found to be unsuitable for use as seed potatoes.

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Goodson v. LW Hult Produce Company
543 P.2d 167 (Idaho Supreme Court, 1975)

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Bluebook (online)
543 P.2d 167, 97 Idaho 264, 1975 Ida. LEXIS 404, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goodson-v-lw-hult-produce-company-idaho-1975.