Garcia v. J.R. Simplot Co.

• Decision Date: 28 March 1989
• Docket Number: No. 17049,17049
• Citation: 772 P.2d 173,115 Idaho 966
• Parties: Josephine GARCIA, Claimant-Respondent, v. J.R. SIMPLOT COMPANY, Employer, Defendant-Respondent, and State of Idaho, Industrial Special Indemnity Fund, Defendant-Appellant.
• Court: Idaho Supreme Court

Page 173

772 P.2d 173

115 Idaho 966

Josephine GARCIA, Claimant-Respondent, v. J.R. SIMPLOT COMPANY, Employer, Defendant-Respondent and State of Idaho, Industrial Special Indemnity Fund, Defendant-Appellant.

No. 17049.

Supreme Court of Idaho.

March 28, 1989.

Skinner, Fawcett & Mauk, Boise, for defendant-appellant, State of Idaho, Indus. Sp. Indem. Fund. William L. Mauk, argued.

John F. Greenfield, Boise, for claimant-respondent, Garcia.

Hawley Troxell Ennis & Hawley, Boise, for defendant-respondent, J.R. Simplot Co. Joseph D. McCollum, Jr., argued.

JOHNSON, Justice.

This is a worker's compensation case. The primary issue presented in this appeal is whether there was sufficient evidence to support the finding of the Industrial Commission that the total permanent disability of the claimant (Garcia) was the result of her work-related injuries combined with pre-existing permanent physical impairments. The Industrial Special Indemnity Fund (ISIF) also contests the apportionment of compensation for Garcia's disability between the employer (Simplot) and ISIF and the liability of ISIF to pay income benefits to Garcia during the time she was employed following the medical stabilization of her work-related injuries. We affirm the decision of the Commission on each of these issues.

I.

THE BACKGROUND AND PRIOR PROCEEDINGS.

Garcia was severely injured in 1981 while she was working on a clean-up crew at the Simplot plant. She lost her right arm above the elbow, when her jacket was caught in a machine. She also suffered four broken ribs and injured her right knee in the accident.

In 1982 Garcia returned to work at the Simplot plant. For three years she worked on the sanitation crew with another disabled worker. In 1985 Garcia was discharged by Simplot because she failed to notify her supervisor when she took a vacation.

Garcia's permanent physical impairment due to the amputation of her arm was rated at fifty-seven percent of the whole person. An orthopedic surgeon rated the permanent physical impairment due to the injury to Garcia's knee at twelve percent of a whole person. There was no permanent impairment due to her broken ribs.

At the hearing to determine the degree of Garcia's permanent disability, evidence was admitted concerning pre-existing problems with her back and with the thumb on her left hand. There was medical evidence that in 1986 Garcia had permanent physical impairment of five percent of a whole person as a result of her back problems and five percent of a whole person as a result of the laxity of her thumb. The Commission also found that there were occasions when the problems with her back and thumb interfered with Garcia's employment duties, and that each of these conditions constituted a hindrance and an obstacle to Garcia's obtaining employment.

The Commission found that Garcia had been totally permanently disabled since the accident at the Simplot plant, and that her disability was a result of the injuries to her right arm and right knee combined with her pre-existing thumb and back injuries. The Commission found that Garcia suffered permanent impairment equal to sixty-two percent of a whole person as a result of the accident at the Simplot plant and ten percent of a whole person as a result of her thumb and back injuries. Based on these findings, the Commission held Simplot liable for 86.11 percent of Garcia's permanent disability and for total temporary disability from the date of the accident until Garcia returned to work. The Commission held ISIF liable for the difference between the amount of disability benefits for which Simplot was liable and those provided for in I.C. § 72-408, as well as the entire amount of Garcia's disability benefits following the 431 weeks of permanent disability benefits for which Simplot is liable.

ISIF filed this appeal to challenge (1) its liability under I.C. § 72-332, (2) the apportionment of the liability between Simplot and ISIF for Garcia's permanent disability, and (3) the liability of ISIF for paying benefits to Garcia during her employment by Simplot between 1982 and 1985.

II.

THERE WAS SUFFICIENT EVIDENCE TO SUPPORT THE COMMISSION'S FINDING OF PRE-EXISTING PERMANENT PHYSICAL IMPAIRMENT UNDER I.C. § 72-332.

ISIF asserts that Garcia did not satisfy her burden in demonstrating that she suffered from a pre-existing permanent physical impairment within the meaning of I.C. § 72-332. We disagree.

I.C. § 72-332 states:

72-332. Payment for second injuries from industrial special indemnity account.--(1) If an employee who has a permanent physical impairment from any cause or origin, incurs a subsequent disability by an injury or occupational disease arising out of and in the course of his employment, and by reason of the combined effects of both the pre-existing impairment and the subsequent injury or occupational disease or by reason of the aggravation and acceleration of the pre-existing impairment suffers total and permanent disability, the employer and surety shall be liable for payment of compensation benefits only for the disability caused by the injury or occupational disease, including scheduled and unscheduled permanent disabilities, and the injured employee shall be compensated for the remainder of his compensation benefits out of the industrial special indemnity account.

(2) "Permanent physical impairment" is as defined in section 72-422, Idaho Code, provided, however, as used in this section such impairment must be a permanent condition, whether congenital or due to injury or disease, of such seriousness as to constitute a hindrance or obstacle to obtaining employment or to obtaining re-employment if the claimant should become employed. This shall be interpreted subjectively as to the particular employee involved, however, the mere fact that a claimant is employed at the time of the subsequent injury shall not create a presumption that the pre-existing permanent physical impairment was not of such seriousness as to constitute such hindrance or obstacle to obtaining employment.

ISIF argues that its liability in this case is not supported by substantial competent evidence as to one or more of the required elements of proof under this statute. ISIF invites us to give renewed attention to the "four critical ingredients of a prima facie case," and the failure of Garcia and Simplot "to meet their burdens as to each: (a) whether there was indeed a pre-existing impairment, (b) whether that impairment was 'manifest', (c) whether the alleged impairment was a 'subjective hindrance', and (d) whether the alleged impairment in any way 'combines' in causing total disability." ISIF correctly cites Royce v. Southwest Pipe of Idaho, 103 Idaho 290, 647 P.2d 746 (1982) and Mapusaga v. Red Lion Riverside, 113 Idaho 842, 748 P.2d 1372 (1987) in support of these elements of a prima facie case for ISIF liability. However, we disagree with the argument of ISIF that there is not substantial competent evidence to support the findings of the Commission establishing the liability of ISIF.

Both medical and lay testimony indicated that Garcia had experienced problems with her back before the accident in which she lost her arm and injured her right knee. Although there is some evidence that conflicts with the finding of the Commission as to these pre-existing impairments, it is the function of the Commission, not of this Court, to weigh the evidence. In reviewing the Commission's decision, we must view the facts and all inferences therefrom most favorably to the party who prevailed before the Commission. Greenrod v. Parris, 115 Idaho 109, 765 P.2d 134 (1988). We conclude that there was substantial competent evidence to support the finding of the Commission that Garcia had pre-existing permanent physical impairments.

ISIF argues that even though Garcia was aware of the problems with her back and thumb before the accident at the Simplot plant, these conditions were not "manifest." ISIF asserts that in order to establish that each of these conditions was manifest, Garcia must have had "a greater appreciation of an underlying, diagnosed disorder, which is both 'impairing' in its qualities and 'permanent' in its duration." We disagree. As this Court said in Royce: " 'Manifest' means that either the employer or employee is aware of the condition so that the condition can be established as existing prior to the injury." 103 Idaho at 294, 647 P.2d at 750. The purpose of the requirement that the condition be manifest at the time of the work-related injury is to ensure that it was pre-existing. Whether it was a "permanent impairment" is not determined by the requirement of manifestation, but by the provisions of I.C. § 72-332(2) and by Mapusaga.

ISIF argues that there is insufficient evidence that Garcia's back and thumb were subjective hindrances as required by I.C. § 72-332(2). ISIF is correct in citing Mapusaga for the proposition that the purpose of the subjective hindrance requirement "is to eliminate those claimants who have had an earlier injury, but have not suffered any loss of potential earning capacity." 113 Idaho at 847, 748 P.2d at 1375. It is also true, as ISIF points out, that the Commission did not have the advantage of Mapusaga when it issued its opinion in this case on May 27, 1987. Mapusaga was issued on June 11, 1987. However, the Commission made findings that pass the subjective hindrance test of Mapusaga.

We have recently reiterated the two-step process announced in Mapusaga for determining whether a claimant has a permanent physical impairment within the meaning of I.C. § 72-332(2). Archer v. Bonners Ferry Datsun, 1988 W.L. 134894 (Idaho), 1988 Ida. Lexis 155, (1988). The first step in this process is to determine whether the claimant considers the pre-existing impairment an obstacle or hindrance to further employment. Here, the Commission found: "While working for Simplot, [Garcia] attempted to work as a case sealer operator but gave up that...