Shea v. Bader, 13471

Citation102 Idaho 697,638 P.2d 894
Decision Date28 December 1981
Docket NumberNo. 13471,13471
PartiesDennis C. SHEA, Claimant-Respondent, Cross-Appellant, v. Gary BADER and Albert Dianda, d/b/a St. Joe Outfitters, Employer, Defendant-Appellant, Cross-Respondent, and Industrial Special Indemnity Fund, State of Idaho, Defendant-Respondent, Cross-Respondent.
CourtUnited States State Supreme Court of Idaho

Nick M. Lamanna, Priest River, for defendant-appellant, cross-respondent.

Max M. Sheils, Jr., Boise, for defendant-respondent, cross-respondent.

Charles H. Kimball, Coeur d'Alene, and Robert W. Walker, Spokane, Wash., for claimant-respondent, cross-appellant.

SHEPARD, Justice.

This is an appeal from an order of the Industrial Commission which denied an employer's claim against the Industrial Special Indemnity Fund and a cross-appeal by employee-claimant from the Commission's award of attorney's fees to him. In 1967, claimant-respondent and cross-appellant was working as a logger and fell from a load of logs and landed on his back. Four days later the tongue of a logging trailer fell striking Shea on the head. Shea underwent several surgeries for treatment of the resultant back and neck injuries, including a cervical fusion and disc extraction in his neck, a laminectomy for removal of a herniated disc and a fusion in his back, a rhizotomy to sever nerve roots to relieve pain, and surgery to relieve a bilateral carpal tunnel syndrome. Shea's permanent disability from those 1967 accidents was adjudicated as 50 per cent of the whole man based on physicians' opinions that Shea would be unable to perform sustained, active physical work and would be required to engage in more sedentary occupations. Shea's workmen's compensation claims were resolved by a lump sum settlement agreement based on the 50 per cent disability rating and approved by the Commission.

However, thereafter Shea did not seek sedentary employment, but rather worked as a ranch and farm hand feeding cattle and horses, loading and unloading 130-pound bales of hay, mending fences, driving farm machinery, riding horseback and sawing logs. He was able to engage in such activity despite his frequent complaints of stiffness and soreness.

In 1975, Shea was employed as a packer and guide by appellant-employer, St. Joe Outfitters. He fell from a horse, landed on his head and fractured his neck, which required various casts, collars, and eventually surgery. Since that 1975 accident, Shea has continued to suffer pain and weakness and has been unable to work.

Shea applied for a disability award, and after a hearing in July of 1976, an order issued holding that Shea had suffered an injury arising out of and in the course of employment. Following an additional hearing in January of 1977, Shea was found to be temporarily and totally disabled and awarded medical and income benefits for as long as the total disability continued. The Commission retained jurisdiction, stating:

"(T)he Commission hereby retains jurisdiction to resolve any further disputes between the parties, including but not limited to the duration of the claimant's total disability, the extent of the claimant's permanent disability, and such other issues as may be brought before the Commission upon the request of any party."

In 1978, Shea filed his petition with the Commission for a permanent and total disability award. St. Joe Outfitters, the employer, moved for joinder of the Industrial Special Indemnity Fund, asserting that a portion of Shea's total disability was attributable to his preexisting permanent physical impairment. Under I.C. § 72-332(1), as it existed on the date of Shea's 1975 accident, compensation benefits are apportioned between the Industrial Special Indemnity Fund and an employer when an employee who has a "permanent physical impairment" suffers a subsequent industrial injury or illness resulting in total and permanent disability by reason of either the combined effects of his preexisting impairment and the injury or when an injury aggravates and accelerates the preexisting impairment. The employer's motion for joinder was granted. Thereafter the Industrial Special Indemnity Fund in its response raised as a defense that the Commission's earlier determination had held that Shea's total disability was entirely the result of the 1975 injury. The Fund therefore asserted that collateral estoppel should be applied and the Fund should be dismissed from the case. The Fund's motion for dismissal was denied.

A hearing was held to determine if Shea should be awarded permanent and total disability benefits and whether the Fund should be liable for a portion of those benefits. An award for total and permanent disability was ordered dating from January 7, 1977. The Commission therein held that the preponderance of the evidence indicated that prior to the 1975 accident, Shea did not have a condition within the purview of I.C. § 72-332(2), i.e., a condition of such seriousness as to constitute a hindrance or obstacle to employment. The Fund was, therefore, dismissed from the action. On this appeal it is not disputed that Shea was totally and permanently disabled. It is the employer, St. Joe Outfitters, which contends that the Commission erred in dismissing the Fund and asserts that an inappropriate standard was applied in determining whether Shea's condition prior to the 1975 accident constituted a "permanent physical impairment" within the meaning of I.C. § 72-332(2). On the other hand, the Industrial Special Indemnity Fund asserts that in any event the Commission reached a correct result since it should have found that St. Joe Outfitters was collaterally estopped from asserting that Shea suffered from a permanent physical impairment prior to the 1975 accident because the Commission had previously found that Shea's total disability is "entirely the result of his October 14, 1975 injury."

A decision of the Commission is final and conclusive as to all matters adjudicated by the Commission, absent fraud or a timely appeal. I.C. § 72-718. In the instant proceeding, no fraud is claimed and, although St. Joe Outfitters, the employer, filed an appeal following the 1977 proceedings, it was later granted a voluntary dismissal thereof. The record does not reflect any reason for that dismissal. It is well established that the doctrine of res judicata applies to all questions which might...

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9 cases
  • Andre v. Morrow, 14843
    • United States
    • United States State Supreme Court of Idaho
    • April 13, 1984
    ...of matters which have proceeded to a final conclusion between the parties to the litigation or their privies. Shea v. Bader, 102 Idaho 697, 638 P.2d 894 (1981); Idaho State University v. Mitchell, 97 Idaho 724, 552 P.2d 776 (1976); [106 Idaho Page 1359 Gaige v. City of Boise, 91 Idaho 481, ......
  • Horton v. Garrett Freightlines, Inc., 16933
    • United States
    • United States State Supreme Court of Idaho
    • March 20, 1989
    ...which was applicable in Horton's case was under the 1971 Code "as it existed prior to the 1978 and 1981 amendments." Shea v. Bader, 102 Idaho 697, 638 P.2d 894 (1981), as interpreted and applied by the Supreme Court, Justice Shepard writing for a unanimous court. (6) Under that law, which a......
  • Bruce v. Clear Springs Trout Farm, 15533
    • United States
    • United States State Supreme Court of Idaho
    • September 23, 1985
    ...to one's attempt to obtain employment is not required. Curtis v. Shoshone County Sheriff's Office, 102 Idaho 300 ; Shea v. Bader, 102 Idaho 697 [638 P.2d 894 (1981) ]; Gugelman v. Pressure-Treated Timber Company, 102 Idaho 356 . The Court has also indicated that the condition must be manife......
  • Archer v. Bonners Ferry Datsun, s. 17184
    • United States
    • United States State Supreme Court of Idaho
    • January 31, 1990
    ...102 Idaho 300, 629 P.2d 696 (1981); Gugelman v. Pressure Treated Timber Co., 102 Idaho 356, 630 P.2d 148 (1981); Shea v. Bader, 102 Idaho 697, 638 P.2d 894 (1981); and Royce v. Southwest Pipe of Idaho, 103 Idaho 290, 647 P.2d 746 In distinguishing between an objective and a subjective test ......
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