KYLE VILLENEUVE, Claimant,
v.
CARL'S INC., Employer, Defendant.
IC No. 2019-015428
Idaho Workers Compensation
Before the Industrial Commission of the State of Idaho
August 5, 2020
Thomas
P. Baskin, Chairman.
FINDINGS
OF FACT, CONCLUSIONS OF LAW, And ORDER INTRODUCTION
Pursuant
to Idaho Code sect; 72-506, the Idaho Industrial Commission
assigned the above-entitled matter to Referee Sonnet
Robinson. Claimant was represented by Paul Curtis and Andrew
Adams of Idaho Falls. Claimant filed his Complaint on, to
which Defendant did not respond. On October 4, 2019, Claimant
filed his Notice of Intent to Take Default, to which
Defendant did not respond. On October 30, 2019, an Order of
Default was entered against the Defendant. On May 5, 2020,
Claimant submitted documentary evidence and argument to prove
his prima facie case pursuant to JRP 6(C). The
matter came under advisement on May 19, 2020 and is ready for
decision.
ISSUES
The
issues to be decided are:
1.
Whether Claimant was an employee of employer at the time of
the accident;
2.
Whether Claimant suffered a personal injury arising out of
and in the course of employment;
3.
Whether Claimant's injury was the result of an accident
arising out of and in the course of employment;
4.
Whether Claimant is entitled to reasonable and necessary
medical care as provided for by Idaho Code § 72-432, and
the extent thereof;
5.
Whether Claimant is entitled to temporary partial and/or
temporary total disability (TPD/TTD) benefits, and the extent
thereof;
6.
Whether Claimant is entitled to permanent partial impairment
(PPI) benefits, and the extent thereof;
7.
Whether Claimant is entitled to permanent partial disability
(PPD) in excess of permanent impairment, and the extent
thereof; and,
8.
Whether Claimant is entitled to attorney fees and a 10%
penalty pursuant to Idaho Code §72-210.
EVIDENCE
CONSIDERED
The
record in this matter consists of the following:
1. The
Industrial Commission legal file;
2.
Claimant's Exhibits (CE), pp. 1-164;
3.
Claimant's Amended Affidavit.
The
Referee has submitted proposed findings of fact and
conclusions of law for the approval of the Commission. The
Commission has reviewed the same, along with the testimony
and evidence of record. The Commission declines to adopt the
proposed decision and hereby issues these findings of fact
and conclusions of law and order.
FINDINGS
OF FACT
1.
Claimant was an employee of Defendant, Carl's Inc., on
December 13, 2017. Clt's Affidavit. On that date,
Claimant was in the rafters/attic of an industrial building
working on a heating unit, when he fell approximately 26 feet
and hit a hydraulic press. CE:4, 9. Claimant was transported
by ambulance to Bingham Memorial Hospital and accompanied by
a co-worker. Id. There is no evidence Carl's
Inc. reported the injury to the Industrial Commission, and
Claimant's complaint alleges he gave notice of the
accident, both written and oral, to his supervisor.
2.
Claimant was admitted and diagnosed with "traumatic
laceration to the right upper thigh" which was
approximately 17 cm by 5 cm, and "traumatic abrasion
injury to the right chest wall" which was approximately
15 cm by 2 cm. CE:I2. Claimant underwent CT scans of his
head, neck, chest, abdomen and pelvis; the only abnormalities
noted were mild cervical spine scoliosis, a right chest wall
contusion, and mild dextroconcave thoracic scoliosis.
CE:63-64. Claimant's wounds were debrided and closed, and
he was discharged on December 14 with instructions to
follow-up with wound care the following day. CE:I2, 17.
3. On
December 15, 2017, Claimant's wounds were drained and
re-dressed. CE:I9.
4. On
December 17, 2017, Claimant presented to the Eastern Idaho
Regional Medical Center Emergency Department complaining of
shortness of breath, right-sided abdomen pain, and left
testicle pain. CE:67. He was treated by Matthew Griggs, M.D.
Id. Claimant underwent CT scans of his
abdomen/pelvis and chest, ultrasounds of his scrotum and
renal artery, and blood/urine work. CE:73-74. Claimant was
ultimately diagnosed with a kidney stone, and he was
discharged that same day. CE:74-77.
5.
Claimant returned for wound care on December 18, 2017. RN
Tressell noted Claimant's pain had increased
"secondary to being seen and treated in the ER yesterday
for kidney stones" and noted Claimant was on Flomax to
treat his kidney stones. CE:24-25.
6.
Claimant followed-up again with wound care on December 21,
2017; his wounds were drained, debrided, and re-dressed.
CE:29. Claimant followed-up again on December 27, 2017, and
his wounds were drained, debrided, re-dressed, and his
sutures were removed from his groin wound. CE:34. RN Tressell
recorded: "patient states overall he is feeling much
better... [he] has not had any more kidney pain. Does not
know if he passed kidney stones or not but the pain is gone
so likely he did." CE:35. Claimant was cleared to return
to light duty on January 2, 2018 and to return to regular
duty on January 9, 2018. CE:39.
7.
Claimant returned...