Joseph Gerdon v. Con Paulos, Inc.

372 P.3d 390, 160 Idaho 335, 2016 WL 3049984, 2016 Ida. LEXIS 156
CourtIdaho Supreme Court
DecidedMay 27, 2016
DocketDocket 43234-2015
StatusPublished
Cited by3 cases

This text of 372 P.3d 390 (Joseph Gerdon v. Con Paulos, 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
Joseph Gerdon v. Con Paulos, Inc., 372 P.3d 390, 160 Idaho 335, 2016 WL 3049984, 2016 Ida. LEXIS 156 (Idaho 2016).

Opinions

EISMANN, Justice.

This is an appeal from an order of the Industrial Commission holding that a worker injured in an industrial accident had failed to prove that he was entitled to benefits for psychological care. Because the Commission’s decision was based upon its constitutional right to weigh the evidence and determine the credibility of conflicting expert opinions, we affirm the order of the Commission.

[337]*337I.

Factual Background.

On June 13, 2008, Joseph Gerdon was seriously injured in a motor vehicle accident that arose out of and in the course of his employment. He was a passenger in a vehicle being driven by a coworker, who drove off the road. As a result of that accident, the Industrial Commission determined on October 15, 2012, that Mr. Gerdon suffered a left anide fracture, complex regional pain syndrome, a disk herniation at L3-L4, bilateral osteoarthritis, and temporary thoracic spine pain that had healed by the time of the hearing. He was awarded benefits by the Commission.

On July 7, 2014, Mr. Gerdon requested a hearing to determine whether he was also entitled to benefits for a compensable psychological injury. That issue was heard on September 5, 2014, before a referee, who issued proposed findings of fact, conclusions of law, and a recommendation that Mr. Ger-don had failed to prove that he was entitled to additional psychological care. The Commission adopted the referee’s proposed findings of fact and conclusions of law and issued an order that Mr. Gerdon had failed to prove he was entitled to additional psychological care. He then appealed to this Court.

II.

Did the Commission Err in Finding That Mr. Gerdon Had Failed to Prove He Was Entitled to Benefits for Psychological Care?

“Our jurisdiction in appeals from decisions of the Industrial Commission in worker’s compensation cases is limited to a review of questions of law.” Tarbet v. J.R. Simplot Co., 151 Idaho 755, 758, 264 P.3d 394, 397 (2011); accord Idaho Const. art. V, § 9. We are “constitutionally compelled to defer to the Industrial Commission’s findings of fact where supported by substantial and competent evidence.” Teffer v. Twin Falls School Dist. No. 411, 102 Idaho 439, 439, 631 P.2d 610, 610 (1981). “Whether its factual findings are supported by substantial and competent evidence is a question of law.” Fife v. Home Depot, Inc., 151 Idaho 509, 513, 260 P.3d 1180, 1184 (2011). “Substantial and competent evidence is ‘relevant evidence which a reasonable mind might accept to support a conclusion.’ The Commission’s conclusions on the credibility and weight of evidence will not be disturbed unless the conclusions are clearly erroneous.” Vawter v. United Parcel Serv., Inc., 155 Idaho 903, 907, 318 P.3d 893, 897 (2014).

The compensability of psychological injuries, disorders, and conditions is governed by Idaho Code section 72-451. At issue in this ease was the statutory requirement that “[s]uch accident and injury must be the predominant cause as compared to all other causes combined of any consequence for which benefits are claimed under this section.” I.C. § 72-451(3).

The psychological condition at issue was Mr. Gerdon’s depression. It was undisputed that he was suffering from depression and that the industrial accident was a cause of the depression. The issue was whether it was the predominant cause. Both sides presented expert medical testimony, and the referee found that the expert presented by the Defendants was more credible on that issue than the expert presented by Mr. Gerdon. Therefore, the referee found that Mr. Gerdon had failed to prove entitlement to benefits for psychological care. The Commission agreed and adopted the referee’s proposed findings of fact and conclusions of law.

To support his claim, Mr. Gerdon presented the deposition testimony of Daniel Marsh, M.D. He graduated from medical school in 1997 and then completed a four-year residency in physical medicine and rehabilitation. He next completed a fellowship in spine and sports medicine. Since then, his medical practice has focused on chronic pain and the spine. He is certified by the American Board of Physical Medicine and Rehabilitation in physical medicine and rehabilitation and in pain medicine, Mr. Gerdon became a patient of Dr. Marsh on January 19, 2011, and Dr. Marsh had seen him regularly since then.

When asked whether there was a connection between the accident and Mr. Gerdon’s depression, Dr. Marsh answered, “I think there’s a direct link between his work injury and his psychological situation.” When asked, [338]*338“How so?” Dr. Marsh responded, “I think that his depression and anxiety are related to his injury, more probably than not.” He was then asked what was the predominant cause of the depression and anxiety, and Dr. Marsh described various activities Mr. Gerdon could no longer do and stated that “[h]is whole life has been completely turned upside down, and it’s all limited by pain.” When asked again what was the cause of Mr. Gerdon’s mental state, Dr. Marsh stated, “The cause is ultimately his chronic pain and his work-related injury.”

The Defendants presented the deposition testimony of Robert Calhoun, Ph.D. He received a bachelor’s degree in psychology and anatomy, a master’s degree in clinical psychology, and a doctoral degree in clinical psychology. He then completed an internship in neuropsychology and pain management. At the time of his deposition, he was the neuropsychologist director of the brain injury and stroke programs at Saint Alphonsus Regional Medical Center; was a consulting psychologist for the WorkSTAR program, where injured workers are rehabilitated; and maintained a private practice, About half of his practice consisted of treating pain patients. He had been working with worker’s compensation patients for about twenty years. Mr. Gerdon was referred to the WorkSTAR program, where Dr. Calhoun evaluated him on April 22, 2009. He evaluated Mr. Gerdon again on May 14, 2010, and on July 31, 2014. The first and last evaluations included psychological testing. Dr. Calhoim also met with Mr. Gerdon four times while he was in the WorkSTAR program. He had also reviewed Dr. Marsh’s records regarding his treatment of Mr. Gerdon,

Dr. Calhoun testified that the psychological tests that he administered to Mr. Gerdon were objective tests to assess personality makeup, coping skills, and patterns over time. He interpreted the patterns as showing, prior to his injury, that Mr. Gerdon was a hostile individual1 with patterns of mistrust and cynicism, that he had anger issues, that he had pervasive anhedonia and was prone to depression, and that he was at high risk to over-report his psychological and pain symptoms as a way to make a plea for help and to control others. He explained that due to Mr. Gerdoris personality style, he had limited coping skills and, as a result, had a psychological reaction that was out of proportion to the stimulus. In addition, he testified that due to Mr. Gerdoris personality traits, he would not trust his doctors and therapists enough to respond to their efforts to help him. He further testified that in his opinion, Mr.

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Bluebook (online)
372 P.3d 390, 160 Idaho 335, 2016 WL 3049984, 2016 Ida. LEXIS 156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joseph-gerdon-v-con-paulos-inc-idaho-2016.