Bass v. Department of Health & Welfare, 081616 IDWC, IC 2014-034327

Case DateAugust 16, 2016
CourtIdaho
RICHARD BASS, Claimant,
v.
DEPARTMENT OF HEALTH & WELFARE, Employer,
and
IDAHO STATE INSURANCE FUND, Surety, Defendants.
No. IC 2014-034327
Idaho Workers Compensation
Before the Industrial Commission of the State of Idaho
August 16, 2016
          FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER           R.D. Maynard, Chairman          INTRODUCTION          Pursuant to Idaho Code § 72-506, the Idaho Industrial Commission assigned the above-entitled matter to Referee Brian Harper, who conducted a hearing in Nampa, Idaho, on July 19, 2016. Claimant represented himself pro se. Neil McFeeley, of Boise, represented Idaho Department of Health & Welfare ("Employer"), and Idaho State Insurance Fund ("Surety"), Defendants. Oral and documentary evidence was admitted. The parties waived post-hearing briefs, and instead made oral arguments at the hearing. The matter came under advisement on July 26, 2016. The undersigned Commissioners have chosen not to adopt the Referee's recommendation and hereby issue their own findings of fact, conclusions of law and order.          ISSUES          By agreement of the parties, the issue to be decided is:          Whether Claimant was a covered employee under the Worker's Compensation Act and/or is precluded from benefits pursuant to Idaho Code § 20-412.          CONTENTIONS OF THE PARTIES          Claimant, an inmate at the Nampa Community Reentry Center, was injured in a fall while working on the Health & Welfare (H&W) grounds as part of an arrangement between the Idaho Department of Correction and H&W. While his medical expenses have been paid to date, Claimant asserts his injured shoulder needs additional medical care, and he is also entitled to worker's compensation benefits which have been denied him.          Defendants argue Claimant is not eligible for any worker's compensation benefits because H&W was not his employer, and by statute Claimant is precluded from receiving such benefits regardless of who is his employer.          EVIDENCE CONSIDERED          The record in this matter consists of the following:          1. Claimant's testimony, taken at hearing;          2. The hearing testimony of witnesses Lorie Vega and Bruce Wells-Moore;          3. Defendants' Exhibits (DE) A through C, admitted at hearing;          4. Commission's Exhibit 1, admitted at hearing1;          5. The oral arguments of the parties, presented at hearing.          FINDINGS OF FACT          1. The Idaho Department of Health & Welfare (H&W) owns property in Nampa, Idaho on which is located the Southwest Idaho Treatment Center (the hospital). H&W's property also includes the ground on which the Idaho Department of Correction's (DOC) Nampa Community Reentry Center (work center) is situated. DOC leases this real property from H&W. As part of the lease agreement, DOC agreed to provide at least 2100 hours per month of workforce services to H&W in lieu of cash rental payment. The workforce provided by DOC is comprised of inmates from the work center. The inmate workers are assigned to various tasks in housekeeping and building/grounds maintenance.          2. Claimant is a DOC inmate. In March 2013, Claimant was transferred to the Nampa work center. Soon thereafter, he was directed to work on the hospital grounds. After his first day, Claimant was assigned to the grounds crew where he worked for approximately a year and a half before his injury.          3. On October 23, 2014, Claimant was knocked from his ladder by a falling limb on a tree he was trimming. He injured his shoulder in the fall. Claimant also claims resulting back and left eye injury. DOC provided medical care for Claimant's injuries. Claimant may need additional surgery for his shoulder, but he is waiting to obtain a second opinion before deciding how to proceed.          4. Claimant filed a claim for benefits, listing H&W as his...

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