Lopez v. Amalgamated Sugar Co., 14730

• Decision Date: 23 November 1984
• Docket Number: No. 14730,14730
• Citation: 691 P.2d 1205,107 Idaho 590
• Parties: Sotero R. LOPEZ, Claimant-Appellant, v. AMALGAMATED SUGAR COMPANY, Defendant-Respondent.
• Court: Idaho Supreme Court

Page 1205

691 P.2d 1205

107 Idaho 590

Sotero R. LOPEZ, Claimant-Appellant, v. AMALGAMATED SUGAR COMPANY, Defendant-Respondent.

No. 14730.

Supreme Court of Idaho.

Nov. 23, 1984.

Wayne P. Fuller, Caldwell, for claimant-appellant.

Steven Arthur Adamson, and Henry F. McQuade, Nampa, for defendant-respondent.

DONALDSON, Chief Justice.

Claimant was diagnosed as suffering from a low back strain after lifting a heavy barrel of trash at work. After a brief period of convalescence claimant returned to work, but still suffered considerable pain. After a second appointment with his doctor, he was ordered to stay home for a longer period of time. Claimant did not return to work and did not inform his employer that he was unable to work. When claimant attempted to return to work approximately one week later, he was informed by his employer that he had been discharged for not reporting to work. The initial report submitted by the doctor to the employer did not indicate that the claimant was disabled. Later reports submitted by the same doctor reported that the claimant had been injured and was restricted to light-duty work.

The Industrial Commission awarded workmen's compensation benefits for the period of total disability and for the claimant's permanent partial physical impairment. The Commission refused to award partial temporary income benefits under I.C. § 72-408(3) because claimant had been discharged for failure to keep his employer informed of the reason for his absence. Claimant was also denied costs and attorney's fees incurred in pursuing this matter. The Commission concluded that the evidence reflected that the doctor's reports to the surety did not state the claimant was disabled until after the claimant had been discharged for an unexplained failure to return to work.

The Commission noted that attorney's fees under I.C. § 72-804 may be awarded if an employer contests a claim for compensation without reasonable grounds, or neglects or refuses within a reasonable time to pay compensation or, without reasonable grounds discontinues payment of compensation. The Commission concluded an award of attorney's fees and costs was not warranted because (1) the initial doctor's reports to the surety did not state the claimant was disabled; (2) the employee failed to provide his employer with a reason for his absence; and (3) the employer had paid a portion of claimant's medical expenses.

Findings of fact made by the Industrial Commission are subject to limited appellate review. ID. CONST. art. 5, § 9; I.C. §§ 72-724, -732; Gordon v. West, 103 Idaho 100, 103, 645 P.2d 334, 337 (1982); Curtis v. Shoshone County Sheriff's Office, 102 Idaho 300, 303, 629 P.2d 696, 699 (1981). Our function is to determine whether the findings are supported by substantial, competent evidence. ID. CONST. art. 5, § 9; I.C. § 72-732(1); Curtis, supra, at 303, 629 P.2d at 699; Hamby v. J.R. Simplot Co., 94 Idaho 794, 797, 498 P.2d 1267, 1270 (1972). Further, the decision that grounds exist for awarding a claimant attorney's fees is a factual determination which rests with the Industrial Commission. Troutner v. Traffic Control Co., 97 Idaho 525, 528, 547 P.2d 1130, 1133 (1976). Having reviewed the record, we believe that the Commission's refusal to award attorney's fees is supported by substantial and competent evidence. The Commission works with these cases on a daily basis and they have both experience and expertise in the worker's compensation law, which this Court has regularly stated it will defer to. See Gordon v. West, 103 Idaho 100, 645 P.2d 334 (1982); Thom v. Callahan, 97 Idaho 151, 540 P.2d 1330 (1975); Dawson v. Hartwick, 91 Idaho 561, 428 P.2d 480 (1967). The record supports the Commission's action, and we should defer to their administrative experience and expertise in these matters. Hence, it will not be overturned on appeal.

The orders of the Industrial Commission are affirmed. No costs awarded.

SHEPARD and BAKES, JJ., concur.

BISTLINE, Justice, dissenting, with whom HUNTLEY, Justice, concurs.

The issue on this appeal is not whether Mr. Lopez was wrongfully terminated from his position with Amalgamated for failure to notify them of his incapacity to work, but, whether Amalgamated neglected or refused within a reasonable time to pay Lopez the compensation provided by law or whether Amalgamated contested his claim for compensation without reasonable ground.

I.C. § 72-804 provides that:

"[I]f the Commission or any court before whom any proceedings are brought under this law determines that ... the employer ... neglected or refused within a reasonable time after receipt of a written claim for compensation to pay to the injured employee ... the compensation provided by law, ... the employer shall pay reasonable attorney fees in addition to the compensation provided by this law."

It is undisputed that Amalgamated was notified as of February 20, 1981, that Lopez had been totally disabled from work from the time of the accident until his release on February 24, 1981, yet Amalgamated refused to pay Lopez the total temporary disability benefits for this time period found by the Commission to equal $926.28 despite the fact that it did not contest his entitlement to or the amount of the award at the hearing. It is similarly undisputed that Amalgamated was informed as of July 31, 1981, that Lopez had been given a medical impairment rating of 2 1/2 percent as compared to the loss of the whole person by Dr. Schneider. Amalgamated refused to pay the amount of medical impairment even though it did not contest this rating at the Commission...