Justia Idaho Supreme Court Opinion Summaries

Claimant-appellant Thomas Millard appealed the Idaho Industrial Commission’s (Commission) ruling that certain medical payments made by the Workers Compensation Fund of Utah on behalf of Millard were payable at the statutorily scheduled fee amounts rather than the full invoiced amounts. Millard argued that the Commission incorrectly applied the Idaho Supreme Court’s holding in "Neel v. Western Construction, Inc.," (206 P.3d 852 (2009)), by ruling that a surety may deny a claim then still be allowed to pay the medical fee schedule rate so long as the surety makes payment before the Commission issues a decision on compensability. Finding no reversible error in the Commission's decision, the Supreme Court affirmed. View "Millard v. ABCO Construction" on Justia Law

Betty S. Harper (“Claimant”) was terminated from her employment with Phed Investments, Ltd. d/b/a Silverstone Inn and Suites (“Employer”), a hotel located in Post Falls, where she had been employed as a night auditor. She had worked at the same hotel for over ten years, during which time there had been several ownership and management changes. The most recent owner had acquired the property in February 2013. In February 2014, Employer implemented a new computer-based system that handled reservations and credit card batches. After implementation of that system, Claimant’s job performance declined. The manager noticed errors in Claimant’s work on the days he came in for the morning shift to relieve her. He verbally counseled her, and she would acknowledge that she could do better. When her performance did not improve, Employer reduced her hours to three days a week and then to two days a week. Claimant was ultimately terminated for failing to perform her duties and for insubordination. Claimant applied for unemployment benefits, which were denied on the ground that she was terminated for misconduct. Claimant appealed, and the matter was heard de novo by an appeals examiner who conducted an evidentiary hearing by telephone. The appeals examiner held that Claimant was entitled to benefits, and Employer appealed to the Industrial Commission. It reviewed the record de novo and issued a decision and order denying benefits on the ground that Claimant was discharged for employment-related misconduct based upon her failure to perform her job duties to Employer’s expectations when she was capable of doing so and for insubordination. Claimant then appealed to the Supreme Court. Finding no error in the Commission's decision, the Supreme Court affirmed. View "Harper v. Dept of Labor" on Justia Law

Kurt Aikele worked as a firefighter for the City of Blackfoot for twenty-six years. In December 2008, Aikele was diagnosed with adenocarcinoma of the lung, which caused his death four years later. Before his death, Aikele filed a workers’ compensation claim (later amended to include death benefits), arguing that as a lifelong non-smoker with no known genetic predisposition for lung cancer, his disease was likely caused by on-the-job exposure to carcinogens. The Estate appealed when his claim was denied, and when the Idaho Industrial Commission affirmed. The IC determined Aikele was not entitled to workers’ compensation benefits because he failed to prove that his occupation caused him to develop lung cancer. Finding no reversible error with that decision, the Supreme Court affirmed the Industrial Commission’s order. View "Estate of Kurt Aikele v. City of Blackfoot" on Justia Law

At issue in this case was a decision of the Industrial Commission (the Commission) finding that Edward Jordan failed to prove entitlement to additional benefits for accidents that occurred during his employment. Jordan served over twenty-one years in the Navy, retiring in 2003. While in the Navy, Jordan was never assessed with a service-related disability involving his cervical area.1 After retiring from the Navy, Jordan and his wife moved to Boise, and he started working for Dean Foods as a milk delivery driver. On May 16, 2006, Jordan suffered an injury while trying to move a stack of milk containers (the 2006 accident). Jordan testified he experienced a sudden onset of pain in his neck and shoulders along with numbness extending down his arms. He notified a supervisor after he dropped a gallon of milk due to the numbness. Jordan sought treatment for neck, cervical, and radiculopathy symptoms. Jordan would document complaints about his neck to his employer over the next five years. Jordan underwent surgery in 2012. Jordan recovered from the surgery without complication, but Dr. Doerr imposed lifting restrictions. As a result of the restrictions, Dean Foods terminated Jordan’s employment after it determined that it was unable to make reasonable accommodations which would allow Jordan to accomplish his essential job functions. The Commission chose not to adopt the referee’s recommendation although it also decided Jordan’s claims in favor of Employer/Surety. The Commission’s decision differed from the referee’s recommendation because the Commission decided to address the merits of Jordan’s claim related to the 2006 accident rather than holding that he abandoned those claims. After review of the Commission record, the Supreme Court concluded there was no reversible error and affirmed. View "Jordan v. Dean Foods" on Justia Law

Richard Wright was hired in 2006 by Ada County as the Public Information Officer. In 2008, Wright became the Director of Administrative Services, a position he held until 2009 when it was reclassified to Director of the Department of Administration in Ada County. That reclassification was the result of the Administrative Services being reorganized into the Department of Administration. This case came before the Idaho Supreme Court on appeal of a district court’s decision granting summary judgment to Ada County on Wright’s employment-related claims. After Wright was terminated from his employment with Ada County, he filed suit alleging, among other claims, that he was terminated in violation of the the Idaho Protection of Public Employees Act (the Whistleblower Act) and the Family Medical Leave Act (FMLA). Wright alleged that he was terminated in retaliation for the investigation he ordered into an employee who had been accused of workplace harassment. Alternatively, Wright alleged he was terminated in retaliation for his investigation into hostile work environment claims received from another Ada County employee. Wright amended his complaint to include negligent and intentional infliction of emotional distress claims. Ada County moved the district court for summary judgment on all claims, which the district court granted. Finding that the district court erred in granting summary judgment on Wright's Whistleblower and negligent infliction of emotional distress claims, the Supreme Court reversed. The Court affirmed the district court in all other respects and remanded this case for further proceedings. View "Wright v. Ada County" on Justia Law

In 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. The Industrial Commission awarded Gerdon benefits. Gerdon requested a hearing to determine whether he was also entitled to benefits for a compensable psychological injury. That issue was heard before a referee, who issued proposed findings of fact, conclusions of law, and a recommendation that Gerdon 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. Gerdon appealed to the Idaho Supreme Court. Because the Commission’s decision was based upon its constitutional right to weigh the evidence and determine the credibility of conflicting expert opinions, the Supreme Court affirmed the Commission's order. View "Gerdon v. Con Paulos, Inc." on Justia Law

While receiving benefits based on his impairment rating, Keith Mayer died of a heart attack unrelated to his work accident. Mayer’s impairment rating was paid out in full following his death. However, Mayer died before a determination was made as to what permanent disability benefits he may have been entitled to in excess of his impairment rating. The parties submitted the issue on stipulated facts and the Industrial Commission concluded that permanent partial disability less than total survived the death of an injured worker when the death was unrelated to the work accident. The Industrial Commission also determined that the disability of the deceased worker should be evaluated as of the time immediately preceding the worker’s death. TPC Holdings, Inc. (TPC) appealed that determination, arguing that Mayer’s claim for permanent partial disability did not survive death. Finding no reversible error in the Commission's decision, the Supreme Court affirmed. View "Mayer v. TPC Holdings, Inc." on Justia Law

The Industrial Special Indemnity Fund (ISIF) appeals a decision of the Industrial Commission in which the Commission concluded that ISIF must pay a portion of Roy Green’s disability benefits because Green had a pre-existing condition. In 2006, Green was logging alone when a 1700-pound tree fell on him, striking him on his hardhat. The accident occurred after another tree that he had just felled knocked the culpable tree loose. Green avoided being crushed only because of the presence of a nearby stump. When Green came to, he found that his legs were tingling, he had little sensation and difficulty walking. Green managed to drive to St. Maries to seek medical treatment. After receiving treatment from various physicians and completing an Independent Medical Evaluation (IME), Green was referred to neurosurgeon Dr. Bret Dirks. Dr. Dirks diagnosed Green with a lower back injury that was directly related to the 2006 Accident. Dr. Dirks recommended surgery, and in early 2007, Green underwent a bi-level lumbar fusion with decompression surgery from L3 to L5. Following the surgery, Green expressed concern about “right-sided neck pain that goes into the right arm and makes it feel like jelly.” MRI images of Green’s cervical spine taken on July 11, 2006, and May 23, 2007, showed, among other things, a bulging disk at C5–6. Dr. Dirks recommended an anterior cervical discectomy and fusion at C5–6 with plating and cadaver bone. Dr. Dirks attributed the need for this surgery to the 2006 Accident. On October 30, 2006, Green filed a complaint against St. Joes Salvage Logging (Employer) and Travelers Indemnity Company (Surety). Two years later, on November 6, 2008, Employer/Surety filed a complaint against ISIF. The Industrial Commission considered whether Green had pre-existing injuries that subjected ISIF to liability. The ISIF appealed when the Commission held that it was responsible for a portion of Green's disability benefits. Finding no reversible error, the Supreme Court affirmed the Commission. View "Green v. Industrial Special Indemnity Fund" on Justia Law

While claimant-appellant Judith Weible was employed by Safeway, Inc., she requested time off because she had to have surgery. Safeway granted her request and agreed to hold her job until she was able to return to work, which she intended to do. She was gone for approximately six weeks. While on leave, claimant applied for unemployment benefits. She was denied because during her leave of absence she was still employed, even though she was not working. An appeals examiner upheld the denial, and the Industrial Commission upheld the appeals examiner. Finding no reversible error, the Supreme Court affirmed the Industrial Commission. View "Weible v. Dept of Labor" on Justia Law

Before the Supreme Court in this case was an appeal of an Industrial Commission decision relating to the survivability of claims for permanent partial disability when a claimant died for reasons unrelated to the work accident. While receiving benefits based on his impairment rating, Keith Mayer died of a heart attack unrelated to his work accident. Mayer’s impairment rating was paid out in full following his death. However, Mayer died before a determination was made as to what permanent disability benefits he may have been entitled to in excess of his impairment rating. The parties submitted the issue on stipulated facts and the Industrial Commission concluded that permanent partial disability less than total survived the death of an injured worker when the death was unrelated to the work accident. The Industrial Commission also determined that the disability of the deceased worker should be evaluated as of the time immediately preceding the worker’s death. TPC Holdings, Inc. (TPC) appealed, arguing that Mayer’s claim for permanent partial disability did not survive death. Because the plain language of Idaho Code section 72-431 allowed for the survival of income benefits for workers who have suffered “permanent disability less than total,” the Supreme Court affirmed the Industrial Commission’s decision. View "Mayer v. TPC Holdings, Inc." on Justia Law