Stewart v. Sun Valley Co.

94 P.3d 686, 140 Idaho 381, 2004 Ida. LEXIS 83
CourtIdaho Supreme Court
DecidedApril 28, 2004
Docket28695
StatusPublished
Cited by20 cases

This text of 94 P.3d 686 (Stewart v. Sun Valley Co.) 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
Stewart v. Sun Valley Co., 94 P.3d 686, 140 Idaho 381, 2004 Ida. LEXIS 83 (Idaho 2004).

Opinion

SCHROEDER, Justice.

This is a workers’ compensation ease. Colleen Stewart (Stewart) appeals pro se from the Industrial Commission’s (Commission) May 17, 2002, order denying her motion for reconsideration of the Commission’s order of April 12, 2002. Stewart’s former employer, the Sun Valley Company (Sun Valley), cross appeals, contending that the Commission erred in concluding that Stewart was not limited by the doctrine of collateral estoppel in establishing her claim for workers’ compensation benefits.

I.

FACTUAL & PROCEDURAL BACKGROUND

Stewart was employed as a ski instructor by Sun Valley in Sun Valley, Idaho. On March 21, 1984, she was injured while teaching a ski class when a skier collided with her. Stewart filed a workers’ compensation claim against her employer, Sun Valley, on March 28, 1984, and also initiated a third-party action in district court against the skier who collided with her alleging that he was skiing in a negligent manner and that the collision proximately caused her to suffer, among other injuries, a series of epileptic seizures.

On October 31, 1986, Stewart filed an application for a hearing with the Commission. Sun Valley filed its answer on November 12, 1986. A hearing date was originally scheduled for July 25 and 26, 1988. However, Stewart requested that the hearing be vacated on June 23, 1988. Thereafter, Stewart proceeded with her third-party claim against the skier.

A jury trial was held in July 1989, during which time several doctors testified. There was evidence that Stewart had been involved in a 1979 automobile accident, a December 1982 ski accident, and a June 1983 automobile accident. The skier conceded that Stewart suffered a broken scapula as a result of the 1984 ski accident but contended that the prior accidents caused or contributed to Stewart’s epileptic seizures. The jury found the skier 90% negligent and awarded Stewart damages in the amount of $4,504.25, although bills from Stewart’s treating physicians totaled $14,315.12. The district court denied a motion for a new trial, and Stewart appealed to this Court.

This Court held that a new trial was not necessary merely because the jury failed to award Stewart the full $14,315.12 in medical expenses she had claimed. See Stewart v. Rice, 120 Idaho 504, 817 P.2d 170 (1991) (Stewart I). The case was remanded for the district court to weigh the evidence to determine what amount that court would have awarded and to compare that amount to the jury’s award.

The district court filed its decision on remand on December 31, 1991. The district court found that' the evidence did not establish that the 1984 ski accident was a substantial factor in causing Stewart’s epileptic seizures under either a “but for” or “substantial factor” test for causation. Stewart appealed again to this Court, which affirmed the judgment of the district court. Stewart v. Rice, 123 Idaho 58, 844 P.2d 687 (1992) (Stewart II).

During the course of Stewart’s third-party action and the appeal process that followed, Stewart took few steps to advance her workers’ compensation claim. Between January 25, 1988, and April 12, 1993, the Commission sent Stewart three notices of intent to dismiss her claim for lack of prosecution. Each time the Commission agreed to retain the claim on its active calendar. On October 26, 1993, Stewart filed an amended complaint and Sun Valley filed its answer on November 17,1993.

On October 10, 1995, Sun Valley moved to dismiss Stewart’s claim on the ground that each of the issues in controversy had been settled in Stewart’s third-party action against Rice and, thus, were controlled by the doctrine of res judicata and/or collateral estoppel. The Commission held a hearing on November 19, 1996. The issues noticed for the hearing were: (1) whether Stewart’s present medical conditions had already been addressed in her third-party action and, if so, (2) whether Stewart’s workers’ compensation *383 claim was barred by the doctrines of res judicata and/or collateral estoppel. In its June 5, 1989, order, the Commission answered the first question in the affirmative, but concluded that Stewart was not barred by the doctrines of res judicata or collateral estoppel from pursuing her claim for workers’ compensation benefits.

On July 7, 1998, Sun Valley appealed the Commission’s June 5, 1998, order to this Court. An order conditionally dismissing the appeal was issued October 30, 1998, for the reason that it appeared the appeal was not from an appealable order or judgment. Sun Valley filed a response. This Court thereafter considered Sun Valley’s notice of appeal a motion for permissive appeal and dismissed it on January 12, 1999. The case was then sent back to the Commission by remittitur filed February 5,1999.

A second hearing was held on September 14, 2001. The issues noticed for the second hearing were: (1) the injuries Stewart suffered from her industrial accident, including any aggravations of any preexisting condition or conditions, and including any subsequent conditions that are the direct and natural consequences of her industrial injury; (2) the extent of Stewart’s total temporary disability benefits to which she is entitled; (3) any past and/or future medical benefits to which Stewart is entitled; (4) the extent of Stewart’s impairment, if any; (5) the extent of Stewart’s disability, in excess of impairment, if any, including whether she is totally and permanently disabled; (6) apportionment of benefits, if any; and (7) whether Sun Valley is entitled to a credit by virtue of the third-party recovery. Sun Valley did not raise the issue of whether the doctrines of collateral estoppel and/or res judicata applied to this case until during the briefing stage of the proceeding. The referee declined to revisit the issue.

The referee issued findings of fact and conclusions of law that were adopted by the Commission’s order of April 12, 2002, which concluded that Stewart had met her burden of proving that she suffered a broken scapula, disruption of her left shoulder, minor nerve damage in her left elbow, and upper thoracic (shoulder girdle) soft tissue injuries from her March 21,1984, industrial accident. She also suffered an aggravation of her preexisting cervical strain, temporomandibular joint (TMJ), and headache conditions.

Stewart did not, however, meet her burden of proving that other conditions of which she complained (e.g., grand mal seizure disorder, abnormal brain activity, vision changes in the right eye, right ear nerve damage, left nipple discoloration and chest scarring, gynecological problems, low-back pain, resolved left-knee pain, and personality changes) were caused by her industrial accident.

The Commission concluded that Stewart met her burden of proving she was entitled to additional total temporary disability benefits from July 24 through October 26, 1984, a period of 13 weeks and 4 days. Stewart did not, however, meet her burden of proving entitlement to permanent partial impairment or disability benefits. The Commission also ordered retroactive payment for medical benefits for treatment, testing and medication Stewart received between May 1984, and January 1985.

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Bluebook (online)
94 P.3d 686, 140 Idaho 381, 2004 Ida. LEXIS 83, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stewart-v-sun-valley-co-idaho-2004.