Perkins v. Croman, Inc.

9 P.3d 524, 134 Idaho 721, 2000 Ida. LEXIS 88
CourtIdaho Supreme Court
DecidedAugust 22, 2000
DocketNo. 25525
StatusPublished

This text of 9 P.3d 524 (Perkins v. Croman, 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
Perkins v. Croman, Inc., 9 P.3d 524, 134 Idaho 721, 2000 Ida. LEXIS 88 (Idaho 2000).

Opinions

SILAK, Justice.

Appeal from an Idaho Industrial Commission (the Commission) decision, granting claimant total temporary disability benefits where claimant left suitable light duty work in Idaho to seek treatment and rehabilitation in residence of California. We affirm.

I.

FACTUAL AND PROCEDURAL BACKGROUND

A. Factual Background.

Respondent, Randy Perkins (Perkins) was a resident of Yreka, California and was hired by appellant, Croman, Inc. (Croman) as a logging choke setter in 1995. Perkins’ employment required him to travel and work throughout Oregon, Washington and Idaho.

On July 26, 1996, while working for Croman near Idaho City, Idaho, Perkins sustained an injury to his right knee when a creek bank gave way beneath him. After initial treatment for his injuries, Perkins was excused from work and referred to orthopedist, Dr. Mark Meier, (Dr. Meier) for continued treatment. Perkins was prescribed physical therapy and released by Dr. Meier for light duty work. On August 8, 1996, Croman offered Perkins a light duty work position in a guard shack at its facility in Boise, Idaho. Perkins took the position.

On September 18, 1996, Dr. Meier informed Perkins that he might require surgical treatment for his injury. Perkins subsequently informed Croman’s surety, Liberty Northwest Insurance Co. (Liberty), that he wished to finish his therapy and undergo any necessary surgery at or near his home in [723]*723Yreka, California. On October 3, 1996, Perkins left work at the guard shack prior to the end of his shift alleging that the work was mentally unsuitable and that he had been wrongfully accused of sexual harassment and drinking on the job. On October 16, 1996, Dr. Meier informed Perkins that surgery was required for his knee. Perkins subsequently moved to Yreka, California.

In December 1996, Perkins was referred to Dr. Earl Peterson (Dr. Peterson) in Medford, Oregon after negotiating with Liberty to find a mutually acceptable doctor near Yreka. Perkins began treatment with Dr. Peterson, and his care was later transferred to Dr. David Galt (Dr. Galt). After a period of physical therapy and release for light duty work, Perkins underwent knee surgery in March 1997. Following his surgery, Perkins continued to receive medical treatment and undergo physical therapy. Disability benefits were paid to Perkins from the date of his surgery until June 11,1997.

In December 1997, Dr. Galt determined Perkins to be medically stable and released him from further medical treatment with modified work restrictions. Continued complications with his knee resulted in Perkins being assessed as having a nine percent impairment of the whole person in March 1998.

B. ProeeduralBackground.

On August 6,1997, Perkins filed a worker’s compensation claim with Croman and Liberty. Croman and Liberty responded, denying that Perkins’ condition was caused by an accident arising out of, and in the course of his employment. Perkins amended his complaint and requested a determination of his disability rating in addition to his need for retraining. Croman and Liberty responded by denying that the injury arose out of and in the course of Perkins’ employment.

Following a full hearing on the matter, the Commission concluded that Perkins was entitled to receive total temporary disability benefits from the time surgery was recommended on October 16,1996 until his surgery on March 19, 1997, and from June 10, 1997, through December 18,1997, the period prior to his medical release which was not covered by appellants.

Appellants Croman and Liberty appeal.

II.

ISSUES ON APPEAL

A. Whether the Commission erred in ruling that Perkins was entitled to total temporary disability benefits for the periods of October 16, 1996 through March 19, 1997 and June 10, 1997 through December 18,1997.

B. Whether the Commission set forth its findings with the specificity required for meaningful appellate review.

C. Whether the Commission’s conclusions of law and fact were supported by substantial evidence.

III.

ISSUES ON CROSS-APPEAL

Whether respondent is entitled to attorney fees on appeal pursuant to I.A.R. 11.1.

IV.

STANDARD OF REVIEW

In reviewing an appeal from the Industrial Commission, this Court will uphold the Commission’s findings if they are supported by substantial and competent evidence, but will freely review issues of law. See Phinney v. Shoshone Medical Center, 131 Idaho 529, 531, 960 P.2d 1258, 1260 (1998); see also, Tonahill v. LeGrand Johnson Const. Co., 131 Idaho 737, 739, 963 P.2d 1174, 1176 (1998); Mancilla v. Greg, 131 Idaho 685, 687, 963 P.2d 368, 370 (1998).

In Idaho State Insurance Fund v. Hunnicutt, 110 Idaho 257, 715 P.2d 927 (1985), this Court described the appropriate test for substantial and competent evidence for the purposes of judicial review of an administrative agency’s action as follows:

The “substantial evidence rule” is said to be a “middle position” which precludes a de novo hearing but which none the less requires a serious review which goes beyond the mere ascertainment of procedural [724]*724regularity. Such a review requires more than a mere “scintilla” of evidence in support of the agency’s determination, though “something less than the weight of the evidence.” “Put simply,” we wrote, “the substantial evidence rule requires a court to determine “whether [the agency’s] findings of fact are reasonable.’ ”

110 Idaho at 260, 715 P.2d at 930 (citations omitted).

V.

ANALYSIS

A. The Commission Did Not Err In Finding Perkins Was Entitled To Total Temporary Disability Benefits For The Periods Of October 16,1996 Through March 19, 1997, And June 10, 1997 Through December 18, 1997.

Appellants assert that Perkins is not entitled to temporary disability benefits for the periods October 16, 1996 through March 19, 1997, and June 10, 1997 through December 18,1997 because suitable light duty work had been made available to Perkins in Idaho, and he refused to take it. Specifically, appellants argue that the Industrial Commission erred by imposing a “new burden” on appellants by requiring demonstration of the availability of suitable light duty work elsewhere after Perkins moved from Idaho to Yreka. Appellants assert that pursuant to section 72-403 of the Idaho Code, there is no duty to provide alternative or additional light duty work offers where a claimant has refused an initial offer of work.

In essence, the issue presented by appellants is whether the Idaho worker’s compensation law requires an employer to demonstrate the availability of suitable light duty work elsewhere after an initial reasonable offer of employment has been made, but where the claimant has relocated, making acceptance of the offered job impossible. It is noted that this issue has not yet been addressed by the Idaho Supreme Court.

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Taylor v. Soran Restaurant, Inc.
960 P.2d 1254 (Idaho Supreme Court, 1998)
Phinney v. Shoshone Medical Center
960 P.2d 1258 (Idaho Supreme Court, 1998)
Swanson v. Kraft, Inc.
775 P.2d 629 (Idaho Supreme Court, 1989)
Tupper v. State Farm Insurance
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Tonahill v. Legrand Johnson Construction Co.
963 P.2d 1174 (Idaho Supreme Court, 1998)
Mancilla v. Greg
963 P.2d 368 (Idaho Supreme Court, 1998)
Weygint v. J.R. Simplot Co.
846 P.2d 202 (Idaho Supreme Court, 1993)
Idaho State Insurance Fund v. Hunnicutt
715 P.2d 927 (Idaho Supreme Court, 1986)
Malueg v. Pierson Enterprises
727 P.2d 1217 (Idaho Supreme Court, 1986)

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Bluebook (online)
9 P.3d 524, 134 Idaho 721, 2000 Ida. LEXIS 88, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perkins-v-croman-inc-idaho-2000.