Fonseca v. Corral Agric., Inc.

• Decision Date: 19 March 2014
• Docket Number: No. 40578.,40578.
• Citation: 156 Idaho 142,321 P.3d 692
• Court: Idaho Supreme Court
• Parties: Marco Antonio FONSECA, Claimant–Appellant, v. CORRAL AGRICULTURE, INC., Employer, and Idaho State Insurance Fund, Surety, Defendants–Respondents.

156 Idaho 142

321 P.3d 692

Marco Antonio FONSECA, Claimant–Appellant,

v.CORRAL AGRICULTURE, INC., Employer, and Idaho State Insurance Fund, Surety, Defendants–Respondents.

No. 40578.

Supreme Court of Idaho, Boise, January 2014 Term.

March 19, 2014.

Hammond Law Office, P.A., Caldwell, for appellant. Richard L. Hammond argued.

Idaho State Insurance Fund, Boise, for respondents. David J. Lee argued.

HORTON, Justice.

This is an appeal from a decision of the Industrial Commission (Commission). The Commission denied Marco Fonseca workers' compensation benefits after concluding he failed to prove he suffered an accident in September 2010. We affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

In September 2010, Corral Agriculture, Inc. (Corral) contracted with Williamson Orchards to provide laborers to pick apples. Corral was a corporation owned by Roberto Corral, Sr. (Roberto Sr.) with around 500 employees. The corporation has since been dissolved. Roberto Corral, Jr. (Roberto Jr.) was a supervisor for Corral and supervised Jorge Coronado, a work crew leader, while Corral was working with Williamson Orchards. Williamson Orchards is a fruit growing operation owned by brothers Roger Williamson and John Williamson. Roger Williamson is the president, overseeing office management, and John Williamson is the vice-president and in charge of all field operations, including the orchards.

In September 2010, Fonseca worked as a laborer for Corral as a member of Coronado's crew at Williamson Orchards. Fonseca's workers' compensation complaint stems from an injury he claims to have suffered while working on or about September 10, 2010. Fonseca states that he was picking apples near the top of a ten or fifteen foot ladder when the ladder broke, causing him to fall to the ground and resulting in an injury to his hip

and back. On September 24 and October 10, 2010, Fonseca went to the Terry Reilly clinic. Fonseca was seen by Dr. Partridge on both occasions and on both occasions presented with stomach problems. Fonseca testified that he reported his fall and his hip and back pain to Dr. Partridge on both visits but the medical records contain no notes regarding the fall or complaints of hip or back pain.

On December 15, 2010, the same day Fonseca signed his compensation claim, Fonseca presented to the West Valley Medical Center emergency room with complaints of hip and back pain. Fonseca was examined by Dr. Wasielewski. Dr. Wasielewski reported Fonseca had a limping

gait, but found that Fonseca had normal range of motion and no motor or sensory deficits. Dr. Wasielewski concluded that Fonseca had suffered a hip injury.

The hearing on Fonseca's claim was conducted on January 10 and March 2, 2012. Fonseca speaks Spanish and an interpreter was present both days of the hearing. The referee heard testimony from Fonseca, Sarai Fonseca (Fonseca's adult daughter), Ana Fonseca (Fonseca's wife), Roger Williamson, John Williamson, Coronado, and Roberto Jr. At the hearing, Fonseca sought to introduce Spanish-language medical records relating to medical visits following his injury. The referee initially indicated that the records would be admitted and that the interpreter could translate the records. However, the referee later determined that the evidence was not admissible because it was not intelligible to all the parties. The referee concluded that any Spanish-language documentary evidence which Fonseca sought to introduce needed to be translated at Fonseca's expense prior to being admitted.

On October 23, 2012, the referee issued his Findings of Fact, Conclusions of Law and Recommendation. The referee found that Fonseca's accounts of his accident were not consistent, and after observing Fonseca at the hearings and comparing the "numerous" "irreconcilable inconsistencies" between his testimony and the other evidence in the record, the referee characterized Fonseca's credibility as "suspect." The referee noted that while Fonseca's account of the accident was supported by the testimony of his wife and daughter, who confirmed they saw him in pain on September 10, 2010, his wife and daughter were not able to support Fonseca's account of the accident. The referee also found that the signed statements of three Corral employees, Marquez, Aguilar, and Diaz, offered by Fonseca to corroborate his description of the accident, were not helpful as they did not describe the accident or identify Fonseca as the injured party.

Further, while Fonseca testified that on the day of his fall one of the Williamsons saw him and that Fonseca explained the situation to him, John Williamson testified that he did not recall seeing Fonseca or being told of a fall or broken ladder on the date in question and that if such accident had occurred, he would have been the individual notified. Fonseca also testified that he repeatedly told Coronado of his accident, but Coronado testified that the accident was never reported to him and that he was not in the area at the time of the accident. Fonseca also testified that he repeatedly told Roberto Jr. of the accident but Roberto Jr. testified that he first heard that Fonseca was injured in late November or early December 2010.

The referee concluded that Fonseca had "not proven that he suffered an accident while picking apples." The Commission adopted the referee's findings of fact and conclusions of law in its final order entered on November 8, 2012. Fonseca timely appealed. Specifically, Fonseca challenges the referee's failure to admit evidence at the hearings and the requirement that documentary evidence be presented in English. Fonseca also appeals the referee's decision to deny the relief requested in two motions for sanctions filed by Fonseca in connection with discovery. After filing his notice of appeal, Fonseca made a request to augment the agency record, and the Commission denied this request. Fonseca appeals this order as well.

II. STANDARD OF REVIEW

"When reviewing a decision by the Industrial Commission, this Court exercises free review over the Commission's conclusions of law, but will not disturb the Commission's factual findings if they are supported by substantial and competent evidence." Knowlton v. Wood River Med. Ctr., 151 Idaho 135, 140, 254 P.3d 36, 41 (2011) (citing I.C. § 72–732 ). "Substantial and competent evidence is relevant evidence that a reasonable mind might accept to support a conclusion." McNulty v. Sinclair Oil Corp., 152 Idaho 582, 584–85, 272 P.3d 554, 556–57 (2012) (quoting Uhl v. Ballard Med. Prod., Inc., 138 Idaho 653, 657, 67 P.3d 1265, 1269 (2003) ). This Court will not re-weigh the evidence and "[t]he Commission's conclusions regarding the credibility and weight of evidence will not be disturbed unless they are clearly erroneous." Knowlton, 151 Idaho at 140, 254 P.3d at 41.

A three-part test is used when reviewing whether the Commission abused its discretion. This Court determines: "(1) whether the Commission correctly perceived the issue as one of discretion, (2) whether it acted within the outer boundaries of its discretion and consistently with the legal standards applicable to the specific choices available to it, and (3) whether it reached its decision by an exercise of reason." Flowers v. Shenango Screenprinting, Inc., 150 Idaho 295, 297, 246 P.3d 668, 670 (2010) (quoting Super Grade, Inc. v. Idaho Dep't of Commerce and Labor, 144 Idaho 386, 390, 162 P.3d 765, 769 (2007) ).

III. ANALYSIS

A. The Commission did not err by denying Fonseca's request to augment the record on appeal.

Fonseca filed a request to augment the agency record on appeal pursuant to I.A.R. 29(a). The Commission denied this request, explaining that Fonseca had requested documents that did not exist or were already included in the record on appeal. Fonseca argues that this was in error, particularly with regard to an audio recording of an off-the-record discussion at the January 10, 2012 hearing. At oral argument, Fonseca's attorney asserted that he was certain the audio recording was in existence. Corral¹ disagrees and argues that the Commission did not err in denying Fonseca's request because the records do not exist.

When reviewing a decision regarding the settling of the record and transcript on appeal pursuant to I.A.R. 29(a), this Court applies an abuse of discretion standard. Rizzo v. State Farm Ins. Co., 155 Idaho 75, 79, 305 P.3d 519, 523 (2013). Idaho Appellate Rule 28(c) states that an agency record will "include all additional documents requested by any party in the notice of appeal" and that "[a]ny party may request any written document filed or lodged" with the agency to be included. I.A.R. 28(c). Transcripts on appeal from the Commission must be requested as there is no standard transcript. See I.A.R. 25(c).

In this case, Fonseca requested the entire transcript from the January 10, 2012 hearing, and the entire transcript provided by the reporter is included in the record. The Commission correctly recognized that submission of the hearing transcript on appeal is governed by I.A.R. 25, indicating that the Commission acted consistently with the legal standards applicable to Fonseca's request. Though Fonseca has the right to request inclusion of additional documents, the Commission need not duplicate records that are already included in the record on appeal nor does the Commission have the obligation—much less the ability—to include that which does not exist.²

The Commission reached its decision to deny Fonseca's request to augment the record after perceiving the issue as discretionary, by an exercise of reason, and consistently with the applicable rules governing the creation and augmentation of the record on appeal. Accordingly, we conclude that Fonseca has failed to demonstrate that the Commission abused its discretion by denying his motion to augment the record.

B. The Commission did not err by excluding medical records written in Spanish.

The referee refused to admit four pages of medical records which Fonseca sought to...