Villeneuve v. Carl's Inc., 080520 IDWC, 2019-015428

Case DateAugust 05, 2020
CourtIdaho
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...

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