Parker v. Engle

771 P.2d 524, 115 Idaho 860, 1989 Ida. LEXIS 42
CourtIdaho Supreme Court
DecidedMarch 27, 1989
DocketNo. 16836
StatusPublished
Cited by4 cases

This text of 771 P.2d 524 (Parker v. Engle) 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
Parker v. Engle, 771 P.2d 524, 115 Idaho 860, 1989 Ida. LEXIS 42 (Idaho 1989).

Opinions

BAKES, Justice.

Claimant Parker appeals from a decision of the Industrial Commission which concluded that Parker had failed to sustain his burden of proving that his back injury arose out of and in the course of his employment with any of the named defendants. We affirm.

The relevant facts, as found by the Industrial Commission, are as follows. Charles Engle (Engle) engages in a number of real estate partnerships in several western states and Canada. Most of the partnerships are limited partnerships, with En-gle acting as the general partner. Mara Green Acres (MGA) is one such partnership, acquired in the spring of 1985, and consisting of thirteen mobile home parks located in Garden City and Boise, Idaho. Engle had previously purchased two other mobile home properties in Boise. They are referred to as Shenandoah and Coach Ro-yale and are owned by a separate partnership known as Mara Royale.

Ben and Joyce Benham (hereinafter “Ben” and “Joyce,” respectively) had acted as property managers for Engle in Seattle. They also owned property in Idaho consisting of a guest lodge and cabins at Warm Lake, known as the North Shore Lodge. The Benhams sold the lodge earlier but reacquired ownership in 1984 when the purchaser failed to make required payments. In early 1985, the Benhams decided to return to Idaho to operate the lodge. Engle then asked the Benhams to manage the Mara Royale properties.

The Benhams initially planned to reside at Warm Lake while managing the Mara Royale properties on a part time basis. At that time a resident manager lived on the Mara Royale property and was responsible for day-to-day operations. However, when Engle acquired the Mara Green Acres properties in May, 1985, Joyce individually became the resident manager of MGA, thus requiring her daily presence on the properties. The Mara Royale resident manager resigned shortly thereafter and Ben took his place, necessitating Ben’s daily presence at these properties, too. The Ben-hams took up residence in a mobile home located at the Shenandoah Park. On weekends the Benhams went to Warm Lake to supervise their own properties which, at that time, were being operated by Clayton and Rosemary Battles.

Claimant Fred Parker (Parker) and his wife Brenda had previously worked in property management for the Benhams in Seattle, and later separately for Engle in Portland. In July, 1985, the Parkers expressed an interest in coming to Idaho to work for the Benhams again. This was discussed among the Parkers, the Ben-hams, and the Engles. The Parkers arrived in Boise on approximately July 23, 1985, and agreed to work at MGA under Joyce’s supervision. They were to be paid $550 apiece per month. Brenda was to work in the office, and Fred was to work as a maintenance person, performing general maintenance around the MGA properties. At the hearing below, the referee found that claimant was an employee of MGA and that his employment was subject to the provisions of the Idaho Workmen’s Compensation Law.

On Thursday, September 26, 1985, Joyce informed Parker that his services would no longer be required but that he should complete the projects on which he was currently working and then his employment would cease. Parker needed to work off some outstanding cash advances. Joyce took this action because claimant was a distracting influence on other employees. He was causing problems which she wished to alleviate. Further, her testimony before the Industrial Commission reveals that claimant’s termination was a direct order from Engle.

On Friday, September 27, 1985, claimant Parker and his wife made a late evening trip to the North Shore Lodge. Ben was alone at the lodge because the Battles had been called away on an emergency. Joyce remained in Boise until the following day. The Parkers went in an attempt to persuade Ben to intercede with Joyce so that [862]*862Parker could remain employed with MGA. The Parkers were unsucces ‘ful in persuading Ben to intercede. He considered the arrangement to be entirely the responsibility of Joyce since she was managing MGA.

Nevertheless, the Parkers remained at the lodge for the weekend and during their stay claimant and Ben had a conversation concerning a large commercial water heater located in an abandoned wash house at one of the MGA trailer parks. Ben mentioned that he would like to have the water heater checked, and if it was usable he would utilize it at his North Shore Lodge. Ben suggested that Parker check the water heater if he had time.

Before the weekend was over the Ben-hams decided to close the North Shore Lodge because the caretaker had not returned and the season was coming to an end. It was decided to return to the lodge the following weekend, October 5 and 6, to close the lodge for the winter. The Par-kers volunteered to assist, and the Ben-hams subsequently invited them to return.

During the first week of October, claimant worked 26 hours for Mara Green Acres and was later compensated for that time at an hourly rate. (Previous to the notice of termination on September 26, 1985, he was paid a flat monthly salary and worked a 40-45 hour week.) On Friday, October 4, claimant and an MGA employee went to the aforementioned wash house and removed the water heater that was the subject of the earlier Parker/Ben conversation. The water heater was taken to the rear of the MCA office and claimant filled it with water to check for leaks. He found it did not leak, then drained the water. Later that afternoon, claimant backed the Ben-hams’ pickup up to the water heater, tilted the heater into the pickup bed, and then shoved the heater to the front of the truck. While shoving the heater forward, he felt a sudden pain in his low back. It is this incident which forms the basis of Parker’s claim for worker’s compensation benefits.

The Parkers departed Boise late that Friday afternoon and drove the Benhams’ pickup and the water heater to the North Shore Lodge. Earlier in the week the Par-kers had obtained the Benhams’ permission to drive the Benhams’ pickup because the Parkers’ car was in need of repair. Both couples spent the weekend at the lodge. Claimant assisted the Benhams in tasks associated with closing the lodge, including unloading the water heater and placing it in a storage shed. Ben was surprised to see the heater. He did not believe it had been properly tested (due to its nature, a professional, high pressure test would probably be required), nor was it yet suitable for use at the lodge — it needed to be converted to propane gas.1 Nevertheless, he did not discuss it with the claimant as he believed Parker was merely trying to be helpful.

Claimant and his wife returned to Boise on Monday, October 7th. He consulted a physician the following day and underwent back surgery approximately a week later.

Parker filed a claim for worker’s compensation benefits. After an extended hearing, an Industrial Commission referee found that Parker suffered a back injury while loading the water heater into the Benhams’ pickup on October 4, 1985. However, the referee also found that claimant’s activities with the water heater were not related to any employment with Mara Green Acres or with the Benhams. The referee reasoned that Parker had been terminated on September 26th, and the water heater had nothing to do with the projects Joyce had instructed him to finish. Rather, claimant was acting on Ben’s statement that he would like the water heater checked to see if it was suitable for use. The lodge had no connection with MGA or with the Benhams’ management of Engle’s property interests. The referee further

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Bluebook (online)
771 P.2d 524, 115 Idaho 860, 1989 Ida. LEXIS 42, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parker-v-engle-idaho-1989.