Cole v. Stokely Van Camp
| Decision Date | 19 July 1990 |
| Docket Number | No. 17997,17997 |
| Citation | 795 P.2d 872,118 Idaho 173 |
| Parties | George COLE, Claimant-Appellant, v. STOKELY VAN CAMP, Employer, and Liberty Mutual Fire Insurance Company, Surety, Defendants-Respondents. |
| Court | Idaho Supreme Court |
George Cole, Emmett, pro se.
Eberle, Berlin, Kading, Turnbow & Gillespie, Boise, for defendants-respondents. Robert L. Berlin argued.
George Cole is a forty-three year old man with a ninth grade education. For the majority of his working life he has worked at jobs requiring heavy labor. At the time of the incident which gave rise to this appeal, Mr. Cole was employed as a forklift operator at a canning plant owned and operated by Stokely Van Camp in Gem County. While at work, on September 24, 1982, Mr. Cole went to one of the plant warehouses to pick up a case of labels. He parked his forklift, lifted the case of labels, and in turning around to place the labels on the forklift, he twisted his back. He finished the day without pain, but the next day he was bent over and listing to the left; he was unable to straighten to a full standing position. Over the next few days he had increasing back pain, and the list to the left became more severe. He did not go to see a doctor because he believed he simply had a strained muscle that would "work its way out."
On September 30, 1982, his employer sent him to see Dr. William Jewell about his back problem. Dr. Jewell prescribed some muscle relaxants which diminished but did not eliminate the pain. Mr. Cole saw Dr. Jewell one more time in the fall of 1982. He did not see Dr. Jewell or any other doctor for his back again until 1987, even though he had consistent pain in his back, trouble lifting, and the continued list to the left. Mr. Cole asserts that he did not see a doctor during this time because he could not afford to do so.
Stokely Van Camp closed its Gem County canning plant in 1982. Mr. Cole stayed in the area and continued to perform seasonal labor, most of it agricultural in nature. Much of this work required lifting, bending, or stretching, or the operation of heavy machinery such as tractors. In 1985 or 1986, Mr. Cole mowed lawns for a total income of approximately $1,000. Also, at about that same time, Mr. Cole ceased looking for seasonal agricultural jobs because of the pain in his back. He worked for approximately two years as a janitor at a bar, for which he was paid $100 a month and was allowed to sleep in the game room of the bar. After that arrangement ended Mr. Cole became, and remains, unemployed.
When Mr. Cole applied for unemployment compensation in 1987, he was referred to Boise Cascade to apply for a job. Boise Cascade required applicants to take and pass a stress test as a condition of employment. Prior to performing the test, applicants are requested to sign a waiver releasing their medical records. Mr. Cole signed such a release, and Boise Cascade contacted Dr. Jewell. Dr. Jewell informed Boise Cascade that although he had not seen Mr. Cole for a long time, he nevertheless recommended that Mr. Cole not take the stress test. As a result, Boise Cascade did not hire Mr. Cole.
Mr. Cole then went to see Dr. Jewell both because of the negative recommendation and because his back pain was worse. Dr. Jewell recommended rehabilitation, physical therapy, and work that would not involve heavy lifting. Mr. Cole did not act on these recommendations because he did not have the funds to do so.
Although it does not appear in the record, Mr. Cole apparently applied for and was denied workers' compensation benefits sometime in 1987. In connection with his application for benefits Mr. Cole saw both a Dr. O'Brien and a Dr. Taylor. Dr. Taylor concluded that the injury suffered by Mr. Cole in 1982 did not cause any permanent physical impairment. Dr. O'Brien concluded that Mr. Cole's problems resulted primarily from his exaggerated list to the left, which had apparently resulted from the 1982 injury, although so much time had passed that he could not be certain of the connection. Dr....
To continue reading
Request your trial
-
Henderson v. McCain Foods, Inc.
...incurred as a result of his [1985] back injury.'" 121 Idaho at 682, 827 P.2d at 695 (brackets in original). In Cole v. Stokely Van Camp, 118 Idaho 173, 795 P.2d 872 (1990), the employee injured his back in 1982 and received some medical care at the employer's expense. Five years later he so......
-
Langley v. State, Indus. Special Indem. Fund
...provide medical testimony that supports a claim for compensation to a reasonable degree of medical probability. Cole v. Stokely, 118 Idaho 173, 175, 795 P.2d 872, 874 (1990). Langley argues that, under this Court's ruling in Pierstorff v. Gray's Auto. Shop, 58 Idaho 438, 74 P.2d 171 (1937),......
-
Duncan v. Navajo Trucking
...proving that the condition for which compensation is sought is causally related to an industrial accident. Cole v. Stokely Van Camp., 118 Idaho 173, 175, 795 P.2d 872, 874 (1990). A claimant's proof must establish a probable, not merely a possible, connection between cause and effect to sup......
-
Sargent v. Co-Ad, Inc.
...evidence to support the Commission's findings that the injury was not causally related to the accident. Cole v. Stokely Van Camp, 118 Idaho 173, 175, 795 P.2d 872, 874 (1990). The substantial evidence consisted of one doctor stating the injury was not the cause of the claimant's medical con......