Hamilton v. Boise Cascade Corp.

370 P.2d 191, 84 Idaho 209, 1962 Ida. LEXIS 202
CourtIdaho Supreme Court
DecidedMarch 27, 1962
DocketNo. 9030
StatusPublished
Cited by7 cases

This text of 370 P.2d 191 (Hamilton v. Boise Cascade Corp.) 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
Hamilton v. Boise Cascade Corp., 370 P.2d 191, 84 Idaho 209, 1962 Ida. LEXIS 202 (Idaho 1962).

Opinion

McQUADE, Justice.

This appeal was taken from an award by the Industrial Accident Board for expenses of nursing home, hospitalization, drugs, and medical care to a totally and permanently disabled claimant.

John S. Hamilton is claimant and respondent herein. On March 17, 1954, the claimant, then 72 years of age, suffered a personal injury caused by an accident arising out of and in the course of his employment by Boise Payette Lumber Company (now Boise Cascade Corporation). About noon on the day of the accident, claimant slipped while on a ladder and fell to the floor, injuring his right hip.

His injury was diagnosed as a badly fractured head of the femur. The head and neck of the femur were removed, and a metal prosthesis substituted. Subsequently thereto, claimant had numerous complications, never being physically rehabilitated. He has been under treatment or medical supervision of various physicians since the accident.

On December sixth, 1954, he again fell, reinjuring the hip. Evidence of advanced arthritic condition in the lower lumbar spine complicated the remainder of the treatment and rehabilitation.

While convalescing in 1955 at his home in Emmett, Idaho, claimant employed male help. During April of 1955, claimant moved to Boise, where he took up residence in a caretaking home at $90 per month. October, 1956, he moved to Home-wood Nursing Home, where the rate was $160 a month until October, 1957, when the rate was increased to $175. On June 9, 1960, he was taken to the Elks Rehabilitation Center in Boise, and was there [212]*212situated when the Industrial Accident Board held its hearing.

Medical treatment and prescriptions for pain pills were continued from the injury-date to the hearing date.

About July 1, 1958, a physician was called to examine swelling and drainage from the injured hip. An abscess over the right thigh was thereafter excised. On September 23, 1958, the prothesis used to treat the fracture was removed. Further surgery was not recommended because of claimant’s age and general condition.

After removal of the femur head and without prosthesis, there was a “piston-like action” by the femur when the claimant walked. Claimant suffered physical distress when in an upright position and when attempting to walk with assistance of crutches or a cane.

Claimant was confined to bed for a lengthy period before his removal to the Elks Rehabilitation Center. Since that time, he has been able to dress, feed himself, get into and out of a wheel chair, take a shower, and take care of his toilet needs.

Claimant requested an award by the Industrial Accident Board for hospital care, .at the Elks Rehabilitation Center, drugs, ambulance, prosthesis, and physicians’ fees, in the amount of $1,826.16. An award was also requested for nursing home care.

An award was made by the Board to claimant for medical, surgical, and kindred expenses in the sum of $1,826.16; $1,948.-80 for nursing care at Homewood Nursing Home, and $636 for nursing care at the Elks Rehabilitation Center from August 1 to December 1, 1960, a period of four months. In arriving at amounts awarded for nursing home care, the Industrial Accident Board reduced monthly charges made by deducting therefrom the value of board and room. Respondent did not appeal from any portion of the award.

Appellants assign error to the award, and in support of this claim of error contend claimant made no demand upon appellants for medical care, hospitalization, drugs and nursing home care between September 1, 1959, and December 7, 1960.

Appellants further urge they did not refuse medical service demanded by claimant.

Reversal of the award is also sought by appellants on the theory that claimant failed by competent evidence to show he reasonably required domiciliary nursing care during the period July 1, 1958, to December, 1960, by reason of the injury upon which this claim was founded. In this regard, appellants aver such nursing care was furnished as a convenience and because of claimant’s physical and mental condition not related to the injury.

[213]*213Appellants also urge the award for domiciliary care was error because it was not reasonable medical service for a compensable injury.

Claimant was treated for his injury by Emmett doctors holding a contract with appellant employer. Medical services were rendered for claimant in Boise, Idaho, at the contract doctors’ re■quest, and with presumptive knowledge of the employer. Medical services rendered to claimant were in a town situated away from the contract physicians. The employer and the contract doctors knowing medical treatment to be necessary and not assuming responsibility to provide it for claimant, he was thereby entitled to provide it himself. Pacific Elec. Ry. Co. v. Industrial Accident Commission, 96 Cal. App.2d 651, 216 P.2d 135. There is ample evidence to sustain the Board’s finding that claimant required special domiciliary •care after July 1, 1958.

Appellants have strongly urged a reversal through a facts analysis to the end that medical service as demanded by claimant was not refused. Claimant went to appellants’ physicians in Emmett, Idaho, and was taken by them to Boise for assistance •of another doctor. Upon claimant’s moving bis abode to Boise, treatment as offered by appellants was no longer available, and he was justified in seeking care where he lived. Johnston v. A. C. White Lumber Co., 37 Idaho 617, 217 P. 979.

Appellants’ reasoning that claimant should not have been awarded nursing care because of his physical and mental condition not related to the compensable injury is predicated upon the evidence of an advanced arthritic condition in the lower lumbar spine and senility due to his advancing age. In relation thereto it was found by the Board:

“While Hamilton’s [claimant’s] age with its progressive physical and mental deterioration is a contributing factor, it is found that his flail hip, with its continuing pain and present necessity for a wheelchair, is the principal contributor to his need for continuous nursing care.”

The Board’s finding in this regard is clearly supported by evidence in the record.

The Board concluded nursing service is included within provisions of I.C. sec. 72-307:

“The employer shall provide for an injured employee such reasonable medical, surgical or other attendance or treatment, nurse and hospital service, medicine, crutches and apparatus, as may be required or be requested by the employee immediately after an injury; and for a reasonable time thereafter. * *

Appellants question correctness of the Board’s determination in this respect. [214]*214They suggest nursing care must be in conjunction with a physician’s attendance, which is amplified by referral to a physician’s care or treatment in a hospital as against occasional observation and treatment other than in a hospital.

A pertinent evaluation of this statutory provision is made in Burch v. Potlatch Forests, Inc., 82 Idaho 323, 353 P.2d 1076:

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Barrios v. Zing, LLC & State Ins Fund
401 P.3d 144 (Idaho Supreme Court, 2017)
Channel (Blacker) Rish v. Home Depot
390 P.3d 428 (Idaho Supreme Court, 2017)
Poss v. Meeker MacHine Shop
712 P.2d 621 (Idaho Supreme Court, 1985)
Crain Burton Ford Co. v. Rogers
674 S.W.2d 944 (Court of Appeals of Arkansas, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
370 P.2d 191, 84 Idaho 209, 1962 Ida. LEXIS 202, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hamilton-v-boise-cascade-corp-idaho-1962.