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IC 2019-015657 · Mar. 8, 2024 · reversed on appeal
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2024 |
Employer/surety may file a complaint under I.C. § 72-707; Commission jurisdiction extends to all questions arising under the WC Act regardless of which party initiates; JRP form requirements do not bar employer filing; no sanctions.
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IC 2018-023549 · Apr. 5, 2022 · reversed on appeal
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2022 |
Peace Officer & Detention Officer Temporary Disability Act (I.C. § 72-1104); police officer injured chasing suspect entitled to full base salary for recovery period; employer failed to answer and default entered; TTD/TPD payments already received by claimant credited against base salary obligation; employer ordered to pay full base salary Aug. 19, 2018 – Nov. 19, 2020.
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IC 2016-004292
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2020 |
TTD benefits; missed hernia diagnosis; compensable consequences doctrine; period of recovery; attorney fees for unreasonable denial.
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IC 2013-020032 · Jun. 11, 2018
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2018 |
ISIF liability under I.C. § 72-332; pre-existing lumbar spine as manifest hindrance to employment; industrial accident permanently aggravated pre-existing condition; total and permanent disability under 100% method and odd-lot doctrine; Carey apportionment 44% employer / balance ISIF.
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IC 2014-013005 · Jun. 7, 2016
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2016 |
Repetitive lifting of gallon cans and pizza pans constitutes compensable accident under I.C. § 72-102(18)(b); no dramatic slip or fall required — strain of ordinary work duties sufficient if injury results; claimant’s initial denial of “accident” not fatal where she lacked knowledge of legal definition; work activities causally linked to cervical disc herniations at C5-6 and C6-7; entitlement to medical care including cervical surgery established.
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IC 2010-022110
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2016 |
Permanent aggravation of pre-existing lumbar DDD; medical care; TTD; 2% PPI; PPD denied where claimant released to full duty; odd-lot moot.
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IC 2012-004576
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2015 |
Survivability of PPD less than total upon non-industrial death; Idaho Code § 72-431; disability over impairment survives; dissent by Commissioner Limbaugh.
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IC 2010-031121
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2015 |
Right knee TKA causally related to industrial accident (50%); 5% PPI; TTD; total permanent disability under odd-lot doctrine; attorney fees denied.
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IC 2013-024694 · Sep. 26, 2014 · reversed on appeal
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2014 |
Motor vehicle accident occurring while returning from surety-compelled I.C. § 72-433 IME held non-compensable; automobile accident constitutes intervening, independent cause breaking chain of causation from original work injury; Kiger v. Idaho Corp. controlling despite mandatory nature of IME attendance; Commissioner Maynard dissenting — compulsory IME travel is incident of employment warranting coverage; decision reversed on appeal to Idaho Supreme Court (2015).
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IC 2006-009634 & 2007-035048 · May 31, 2013
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2013 |
Permanent partial disability in excess of impairment following bilateral wrist surgeries; bilateral upper extremity sedentary restrictions among most limiting possible (90%+ labor market foreclosure); actual post-accident wage increase considered but does not preclude disability finding; vocational expert’s below-actual wage assumption discounted; PPD assessed at 55% inclusive of 23% PPI.
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IC 2009-013462 · Jul. 19, 2012
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2012 |
Extent of PPD following left rotator cuff repair; vocational expert opinion premised on assumption of unrestricted dominant arm rejected where physician restrictions are overall bilateral; sedentary lifting restriction, age 51 at accident, limited education, and lack of transferable skills support 62% PPD inclusive of 10% PPI; no I.C. § 72-406 apportionment absent evidence of pre-existing permanent impairment.
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IC 2004-525313 · Jun. 5, 2012
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2012 |
Left-hand finger amputations at saw mill; 38% PPI; 75% PPD inclusive of impairment; odd-lot doctrine not proven where claimant remained continuously employed at higher wage; non-medical factors including felony conviction and limited education analyzed.
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IC 2007-037275 · May 13, 2011
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2011 |
Bilateral carpal tunnel syndrome as compensable occupational disease; manifestation date triggers statute of limitations (I.C. § 72-448); knowledge of symptoms ≠ knowledge of occupational disease; Nelson doctrine inapplicable where disease not manifest before employment with defendant employer.
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IC 2006-009634 & 2007-035048 · Aug. 5, 2009
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2009 |
Bilateral carpal tunnel syndrome and de Quervain’s tenosynovitis caused by industrial accidents at ammunition assembly plant; additional medical care including surgery warranted despite normal nerve conduction studies; clinical findings sufficient.
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IC 2006-505221 · Oct. 3, 2008
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2008 |
Lumbar injury from lifting; L5-S1 disc herniation with annular tear; surety prematurely closed claim at MMI; claimant not at medical stability; entitled to past and future medical care including discogram; TTD from date of layoff.
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IC 2004-512369
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2008 |
Ladder fall; L2 burst fracture; rotator cuff tear; cognitive deficits; 70% PPD inclusive of impairment; total permanent disability under odd-lot doctrine.
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