Houser v. Southern Idaho Pipe & Steel, Inc.

649 P.2d 1197, 103 Idaho 441, 1982 Ida. LEXIS 272
CourtIdaho Supreme Court
DecidedJune 24, 1982
Docket13589, 14207
StatusPublished
Cited by41 cases

This text of 649 P.2d 1197 (Houser v. Southern Idaho Pipe & Steel, Inc.) 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
Houser v. Southern Idaho Pipe & Steel, Inc., 649 P.2d 1197, 103 Idaho 441, 1982 Ida. LEXIS 272 (Idaho 1982).

Opinions

McPADDEN, Justice.

By order of the court these two appeals were consolidated for argument and submitted on the same record, and were argued before the court at the same time.

No. 13589

Issues presented by the appeal of claimant attacking the Industrial Commission’s order granting claimant an award of permanent partial disability in the amount of 10% loss of the leg at the hip will be discussed first.

On January 9, 1978, Mr. Harold Houser was an employee of Southern Idaho Pipe and Steel, Inc., earning $170.00 per week as a diesel mechanic. While working that day on a truck, Mr. Houser fell from the cab of the truck, injuring his left knee. Mr. Houser was subsequently seen by his family physician, Dr. Randall J. Slickers, of Twin Falls. When Mr. Houser’s condition failed to improve as the result of Dr. Slicker’s treatment, the doctor referred Mr. Houser to Dr. Michael Phillips, an orthopedic surgeon. Dr. Phillips subsequently performed a meniscectomy (surgical removal of torn cartilage from the knee joint). Since that time, Mr. Houser has been under the continuing care of Dr. Slickers.

Notice of the accident was given within sixty days to the employer. The employer had secured its liability under the Workmen’s Compensation Act through United States Fidelity and Casualty Company. A dispute arose between Mr. Houser, his employer, and its surety concerning the extent of liability for Mr. Houser’s injury. The parties being unable to reach an agreement, Mr. Houser filed an application for hearing with the Industrial Commission. A hearing was set for and subsequently held on August 7, 1979. The Commission determined that the issues before it were the period of Mr. Houser’s total temporary disability and the nature and extent of Mr. Houser’s permanent disability.

Dr. Slickers testified that traumatic arthritis is present in Mr. Houser’s left knee, that Mr. Houser had undergone a prolonged recovery period, and, in his opinion, Mr. Houser will not be able to return to work in his usual occupation. Dr. Slickers made no statements as to whether further surgery is required.

Mr. Houser testified that his left knee has not quit hurting since the meniscectomy was performed. He observed that the knee joint has been degenerating rather than improving. Mr. Houser further testified that he is unable to stand any long length of time and that on occasion his knee “will go out from under him.” In addition to his knee injury, Mr. Houser testified that he injured his back in falls in June and August [443]*443of 1978, which he believed had been caused by the buckling under of his knee. He stated that he had constant pain in his lower back area and could not sit for any prolonged period of time because of the pain. Mr. Houser also testified that he could not do sedentary work because his back injury prevented him from sitting long enough to do that type of work.

Mrs. Houser’s testimony was corroborative of her husband’s testimony.

At the hearing, medical reports of Dr. Phillips were entered into evidence. The reports indicated that Dr. Phillips could find nothing during his post-operative examination of Mr. Houser to justify additional surgical procedure or medical treatment. He discontinued Mr. Houser’s physical therapy in October 1978. Dr. Phillips examined Mr. Houser again on January 29, 1979, at which time he deemed it appropriate to give Mr. Houser a permanent physical impairment rating. His report of the examination stated that Mr. Houser was going to work and rated Mr. Houser with a 10% permanent physical impairment of the lower extremity.

The Commission also allowed the hearing to be continued to obtain the testimony of Dr. Keith Taylor, an orthopedic surgeon, by deposition. Dr. Taylor had examined Mr. Houser at the request of the employer and its surety and subsequently ordered arthoscopy of the knee.1 The arthoscopy was performed at St. Alphonsus Hospital in Boise in January 1979. As a result of the examination and arthoscopy, Dr. Taylor was unable to substantiate Mr. Houser’s complaints of instability and pain in the knee, and that Mr. Houser should be able to return to employment. Dr. Taylor also rated Mr. Houser’s permanent physical impairment at 10% compared to the loss of the leg at the hip.

With this testimony before it, as well as the medical reports and other evidence available to it, the Industrial Commission entered its findings of fact and conclusions of law on December 19,1979. The Commission found that Mr. Houser’s condition was stable as of January 15, 1979, and that the employer and its surety had paid sums totaling $4,936.83 in disability benefits. The Commission further found that Mr. Houser only suffers a permanent partial disability of 10% of the loss of the leg at the hip as a result of the January 9, 1978, industrial accident. It also found that the record does not establish that further surgery on Mr. Houser’s knee is reasonably required as a result of the accident, but that Mr. Houser will require elastic knee braces.

The Industrial Commission concluded as a matter of law that Mr. Houser had failed to establish by a preponderance of the evidence that he suffers a permanent disability in excess of 10% loss of the leg at the hip or that further surgery is necessary. It therefore ordered that Mr. Houser is entitled to total temporary disability benefits from the period commencing January 9, 1978, and ending January 15,1979, that the employer and surety receive a credit in the amount of $4,936.83 against the sum due, that Mr. Houser receive an award of permanent partial disability in the amount of 10% of loss of the leg at the hip, and that the employer and surety pay the cost of all reasonable and necessary medical expenses for a reasonable period of time, including elastic knee braces, but that future surgical procedures have not been established as reasonably necessary.

In workmen’s compensation cases, the court’s review is limited to questions of law and determinations of whether the findings of fact of the Industrial Commission are supported by substantial, competent evidence. I.C. §§ 72-724(2) and 72-732(1); Sykes v. C. P. Clare & Co., 100 Idaho 761, 605 P.2d 939 (1980); Paulson v. Idaho Forest Industries, Inc., 99 Idaho 896, 591 P.2d 143 (1979); Madron v. Green Giant Co., 94 Idaho 747, 497 P.2d 1048 (1972). If the findings of fact of the Industrial Commission are supported by substantial, compe[444]*444tent evidence, they will not be disturbed on appeal. Dean v. Dravo Corp., 97 Idaho 158, 540 P.2d 1337 (1975); Gradwohl v. J. R. Simplot Co., 96 Idaho 655, 531 P.2d 775 (1975). Claimant challenges the sufficiency of the evidence in this regard as to the Commission’s findings of fact that he suffers only a permanent partial disability of 10% loss of the leg at the hip.

In the instant case, the Commission had before it the expert medical testimony of Dr. Taylor. Concerning Dr. Taylor’s qualifications, he testified that as an orthopedic surgeon he had for a period of some eighteen years, on numerous occasions, evaluated patients for purposes of permanent impairment ratings as they pertain to industrial accident cases in this state. Dr.

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649 P.2d 1197, 103 Idaho 441, 1982 Ida. LEXIS 272, Counsel Stack Legal Research, https://law.counselstack.com/opinion/houser-v-southern-idaho-pipe-steel-inc-idaho-1982.