Matthews v. Department of Corrections
| Citation | 121 Idaho 680,827 P.2d 693 |
| Decision Date | 10 March 1992 |
| Docket Number | No. 18617,18617 |
| Parties | Terrence MATTHEWS, Claimant-Appellant, v. DEPARTMENT OF CORRECTIONS, Employer, and State Insurance Fund, Surety, Defendants-Respondents. Boise, December 1991 Term |
| Court | United States State Supreme Court of Idaho |
Terrence Matthews, pro se.
Larry J. EchoHawk, Atty. Gen., Boise, and Ellis, Brown & Sheils, Boise, for defendants-respondents.
Terrence Matthews appeals from the Industrial Commission's denial of his motion for modification of a compensation agreement previously entered into by Matthews and the State Insurance Fund (SIF); the motion is based on an alleged change of condition or the need to correct a manifest injustice. I.C. § 72-719. Also challenged is the Commission's denial of Matthews' request for further medical benefits. The issues on appeal are (1) whether the Industrial Commission's findings of fact are supported by substantial competent evidence, and (2) whether the compensation agreement entered into by Matthews and SIF is ambiguous.
The underlying facts of this case are not in dispute. On March 24, 1985, Matthews injured his back in an industrial accident while employed as a correctional officer at the Idaho State Correctional Institution at Boise, and was totally disabled from August 23, 1985, to May 24, 1986. He received appropriate disability benefits together with medical treatment, including surgery. Dr. Rudd, the treating surgeon, rated Matthews' permanent physical impairment at twenty percent of the whole man. SIF and Matthews executed an agreement, which the Commission approved, itemizing the amounts of temporary disability payments and medical payments which SIF had paid. Therein was stated that Matthews was receiving a permanent disability award of $15,895. 1 On June 1, 1987, Matthews returned to work full-time as a correctional officer with the state penitentiary.
Eighteen months later, pursuant to I.C. § 72-719, Matthews alleged a change in his condition, and requested the Commission to increase his disability payments. He also alleged that manifest injustice had occurred, based upon his allegation that in signing the agreement he understood its purpose was to settle the issue of permanent physical impairment, but not the amount of his permanent partial disability. He contended that following recovery, his inability to reenter the Army National Guard deprived him of wages and future retirement benefits.
As the Commission noted, when a claimant applies for a modification of an award under I.C. § 72-719, he or she bears the burden of showing a change in condition. Boshers v. Payne, 58 Idaho 109, 70 P.2d 391 (1937). Matthews was required to make a showing before the Commission that he had an increased level of impairment, Urry v. Walker & Fox Masonry Contractors, 115 Idaho 750, 769 P.2d 1122 (1989), and to establish with reasonable medical probability the existence of a causal relationship between the change in condition and the initial accident and injury. Carter v. Garrett Freightlines, 105 Idaho 59, 665 P.2d 1069 (1983).
Within the context of the Commission hearing, Matthews also requested additional medical benefits under the provisions of I.C. § 72-432(1). 2
The Commission's findings of fact are subject to limited appellate review; our function is to determine whether the findings are supported by substantial, competent evidence, and if so, we will not disturb them on appeal. Lopez v. Amalgated Sugar Co., 107 Idaho 590, 691 P.2d 1205 (1984).
The Commission determined that Matthews had not met his burden of showing that any change in the condition of his back was related to his industrial accident of March 1985, but more than likely was related to either an alleged industrial accident of March 1988 3 or to an occasion in January 1989 when Matthews moved several heavy objects during a fire in his home.
There is ample evidence in the record to support these findings by the Commission. The only medical evidence presented by Matthews, an MRI (magnetic resonance imaging) report from 1989, does not support his contention that he has an increased level of impairment in his back, or that any alleged change is causally related to the original 1985 injury. Medical reports presented by the defendants demonstrate that more recent back problems, if any, are likely related to the injuries Matthews sustained in 1988 and 1989, and have no relation to the 1985 industrial accident.
Accordingly, we affirm the portion of the order holding that Matthews failed to sufficiently prove that the condition of his back had changed, or that any alleged new impairment was related to the 1985 injury.
The Commission found that Matthews sought payment for several medical bills contained in Exhibit 9, as well as for prescription medications. We agree with the Commission that Matthews is not entitled to payment, pursuant to I.C. § 72-432(1), because "no evidence indicate[s] that these bills were directly incurred as a result of his [1985] back injury." Commission's Order at 10.
The medical bills contained in Exhibit 9 document a $67 charge for an office visit on January 16, 1989; a $665 charge for an MRI scan on January 14, 1989; and a $228 charge for various treatments from January 17, 1989, through February 8, 1989. The Commission noted that Matthews presented no evidence demonstrating any relation between these bills and his 1985 industrial injury, and in fact, Matthews testified that the bills were incurred after a January 1989 fire at his home. The Commission correctly concluded that Matthews failed to carry his burden of establishing that these medical bills arose as a result of his initial back injury in 1985.
The Commission does not specifically identify what prescription medication bills it is reviewing. In his appellate reply brief, Matthews referred to a prescription for Motrin. Upon our review of the record, we find a reference to Motrin in Dr. Rudd's medical notes of April 1, 1988, and again in his medical notes of September 21, 1988. Nowhere in the record, however, is there evidence of the actual bills, or substantial evidence linking the Motrin use to Matthews' 1985 back injury. Accordingly, we also affirm the Commission's finding that Matthews failed to meet his burden of establishing that any expenses for prescription medication were incurred due to his 1985 industrial accident.
Matthews argues in the alternative that the compensation agreement should be modified under I.C. § 72-719 to alleviate "manifest injustice." His argument is partially based upon his inability to reenter the Army National Guard after the 1985 accidental injury disabled him. He claims deprivation of military wages of approximately $180.00 per month as well as future retirement benefits. The Commission found the evidence before it did not clearly establish that Matthews was denied reentry into the Guard primarily due to his 1985 back injury. Although Matthews presented ample evidence documenting his service record, our review of the record convinces us that we must defer to the Commission's finding that he failed to meet his burden of producing evidence in support of his contention that his 1985 injury prevented him from rejoining the Army National Guard.
Turning again to Matthews' manifest injustice grounds, he contends that he never intended,...
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