Hattenburg v. Blanks
| Decision Date | 06 July 1977 |
| Docket Number | No. 12380,12380 |
| Citation | 98 Idaho 485,567 P.2d 829 |
| Parties | Kenneth R. HATTENBURG, Claimant-Appellant, v. Spencer BLANKS, dba Spirit Lake Electric, and Aetna Insurance Company, and Donald K. Moore, Defendants-Respondents. |
| Court | Idaho Supreme Court |
Robert H. Thompson, Hayden Lake, for claimant-appellant.
John W. Barrett of Moffatt, Thomas, Barrett & Blanton, Boise, for respondents Spencer Blanks dba Spirit Lake Elec. and Aetna Ins. Co.
Frank H. Powell, Coeur d'Alene, for respondent Donald K. Moore.
During the period from February 7 to 14, 1975, claimant-appellant Kenneth Hattenburg allegedly sustained an injury compensable under Idaho's Workmen's Compensation Law. On February 3, 1976, he filed with the Industrial Commission a form entitled "Application for Hearing" which requested a hearing and an award for his injury. At the hearing, held on August 23, 1976, respondents moved to dismiss this action on the ground that appellant had failed to file a claim for compensation within one year of the accident as required by I.C. § 72-701. This appeal is from the order granting that motion.
Appellant contends that by filing his "Application for Hearing" within one year of the accident, he substantially complied with the requirement in I.C. § 72-701 that he file a claim for compensation within one year. We agree and therefore reverse the order dismissing appellant's claim.
Process and procedure under the Workmen's Compensation Act are designed to be as summary and simple as is reasonably possible. I.C. § 72-708. As this Court has held many times, the Act is to be construed liberally in favor of a claimant. The humane purposes which it seeks to serve leave no room for narrow, technical construction. In re Haynes, 95 Idaho 492, 511 P.2d 309 (1973); Smith v. University of Idaho, 67 Idaho 22, 170 P.2d 404 (1946).
The Act provides that an injured employee must make a claim for compensation within one year of his accident. I.C. § 72-701. The only statutory provision regarding the form of the claim, however, is the requirement that it be in writing. I.C. § 72-702. If the employer fails to pay compensation for the injury, the employee then has one year from the date of making his claim to file with the Industrial Commission an application requesting a hearing and an award. I.C. § 72-706.
In the present case, appellant filed within one year of his accident form WC-100 entitled "Application for Hearing." The following information was contained therein: the name and address of claimant, the names and addresses of his employers, the date and time of his injury, a description of the manner in which the injury occurred, a description of the nature and extent of his disability, the date and...
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Barker, Matter of
...application of the "going and coming" rule is incompatible with fundamental principles of worker's compensation law. Hattenburg v. Blanks, 98 Idaho 485, 567 P.2d 829 (1977) ("As this Court has held many times, the [Idaho Worker's What this Court ought to do is alter its analytical approach ......
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Horton v. Garrett Freightlines, Inc., 16933
...'liberally in favor of the claimant.' Miller v. Amalgamated Sugar Co., 105 Idaho 725, 672 P.2d 1055 (1983); Hattenburg v. Blanks, 98 Idaho 485, 567 P.2d 829 (1977); Miller v. FMC Corp., 93 Idaho 695, 471 P.2d 550 (1970); Kiger v. Idaho Corporation, 85 Idaho 424, 380 P.2d 208 Horton I, 106 I......
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Trapp v. Sagle Volunteer Fire Dept., 19305
...to serve the humane purpose for which it was promulgated, "leaving no room for narrow, technical construction." Hattenburg v. Blanks, 98 Idaho 485, 485, 567 P.2d 829, 829 (1977). 116 Idaho at 721, 779 P.2d at 396 (emphasis in original). Then she goes on to What the majority has done in the ......
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Yount v. Boundary County
...in order to implement its beneficial purposes. Jones v. Morrison-Knudsen Co., 98 Idaho 458, 567 P.2d 3 (1977); Hattenburg v. Blanks, 98 Idaho 485, 567 P.2d 829 (1977). With due deference to the Commission's approach, we will decide the issue in accordance with the foregoing precept, in acco......