Ogden v. Thompson

• Citation: 910 P.2d 759,128 Idaho 87
• Decision Date: 31 January 1996
• Docket Number: No. 21749,21749
• Parties: Walter J. OGDEN, Claimant-Appellant, v. Ronald W. THOMPSON, employer, and State Insurance Fund, surety, Defendants-Respondents. North Idaho, October 1995 Term
• Court: United States State Supreme Court of Idaho

Page 759

910 P.2d 759

128 Idaho 87

Walter J. OGDEN, Claimant-Appellant, v. Ronald W. THOMPSON, employer, and State Insurance Fund, surety, Defendants-Respondents.

No. 21749.

Supreme Court of Idaho,

North Idaho, October 1995 Term.

Jan. 31, 1996.

[128 Idaho 88] Cameron L. Phillips, Coeur d'Alene, for appellant.

Harry J. Magnuson, Coeur d'Alene, for respondents.

TROUT, Justice.

This is an appeal from a decision of the Idaho Industrial Commission (Commission) finding that appellant's disk herniation and radiculopathy were not the result of an injury caused by a work accident nor an occupational disease contracted in the course of appellant's employment. We affirm the decision of the Industrial Commission.

I. BACKGROUND

Walter J. Ogden (Ogden) was forty-one years of age at the time of his hearing and has worked primarily in grocery stores and mechanical occupations over the course of his employment life, beginning at age fifteen. From November of 1978 through 1991, Ogden lived in Cottage Grove, Oregon. There he worked in a gas station, as a mechanic for the school district, and as a reserve police officer. In October of 1983, while working at a gas station, Ogden suffered a cervical injury for which he received chiropractic care for several years thereafter. Ogden also suffered a low back strain while lifting a large tire in 1982 which resulted in a muscle spasm.

Ogden moved to Coeur d'Alene in September of 1991 and obtained employment at respondent's tire store, "The Tire Doctor." As shop manager of "The Tire Doctor," Ogden was required to do a substantial amount of lifting, bending, and twisting in connection with his duties installing tires on vehicles. Early snowfall prompted heavy demand for services at "The Tire Doctor" during the months of November and December, 1992, and Ogden worked significant overtime during this period.

Ogden began noticing increasing low back pain in February of 1993 and he began seeing his chiropractor, Dr. Anderson, on a more regular basis. Ogden eventually failed to obtain any relief from Dr. Anderson and he began seeing another chiropractor, Dr. Boughton, before resorting to Dr. Hjeltness, a physician referred to him by Dr. Boughton. Ogden terminated his employment with "The Tire Doctor" on March 31, 1993, on the advice of Dr. Boughton and Dr. Hjeltness. Dr. Hjeltness subsequently referred Ogden to a neurologist, Dr. Britt, who obtained an MRI on Ogden's back. Dr. Britt diagnosed Ogden's disk herniation and radiculopathy in April of 1993.

The Commission held a hearing on May 18, 1994, and denied Ogden's claim for worker's compensation benefits concluding that "[t]he evidence fails to establish that [Ogden] suffered an injury caused by an accident arising out of and in the course of his employment, nor does the evidence establish that he contracted an occupational disease in the course of his employment."

II. STANDARD OF REVIEW

A claimant seeking compensation for an employment related injury has the burden of showing a "compensable disablement" under the Idaho worker's compensation law. See I.C. § 72-101, et seq. Comish v. J.R. Simplot Fertilizer Co., 86 Idaho 79, 87, 383 P.2d 333, 338 (1963); Neufeld v. Browning Ferris Indus., 109 Idaho 899, 902, 712 P.2d 600, 603 (1985). In any review of a decision by the Industrial Commission, the Court will review questions of fact only to determine whether substantial and competent evidence supports the Commission's findings and will exercise free review over questions of law. Idaho Const. art. V, § 9; Dewey v. Merrill, 124 Idaho 201, 203, 858 P.2d 740, 742 (1993). In making its determination the Court will liberally construe the worker's compensation law in favor of the claimant. Kinney v. Tupperware Co., 117 Idaho 765, 769, 792 P.2d 330, 334 (1990). The humane purposes which it serves leaves no room for narrow, technical construction. Id.

III. FINDINGS OF INDUSTRIAL COMMISSION

The Commission noted in its findings of fact, that Ogden had pre-existing symptoms The aggravation of a pre-existing condition is only compensable if such aggravation is by accident and not by an occupational disease. Nelson v. Ponsness-Warren Idgas Enters., 126 Idaho 129, 133, 879 P.2d 592, 596 (1994). The Commission concluded, and Ogden does not dispute, that "[t]he evidence fail[ed] to establish that [Ogden] suffered an injury caused by an accident arising out of and in the course of his employment." Since no accident occurred, Ogden would not have a compensable claim if his herniated disk and radiculopathy are pre-existing conditions. The Commission noted in its findings that there was evidence that Ogden related symptoms to his chiropractor prior to beginning his employment with employer-respondent "which could also be consistent with a low back or lumbar disc injury." The Commission failed to conclude, however, that Ogden's herniated disk and radiculopathy were pre-existing conditions and merely stated that "[i]f Claimant's condition was produced by aggravation of a pre-existing condition, it is not compensable because the aggravation was not by an 'accident'."

[128 Idaho 89] of back problems prior to the time he went to work at "The Tire Doctor," that the evidence presented failed to establish any mishap or event occurring in the course of Ogden's employment to which his injury may be attributed, and that Ogden's work is not distinguishable from many other occupations which involve heavy labor. The Commission then concluded that Ogden failed to sustain his burden of proving that his injury is compensable under the worker's compensation law.

The finding of a...