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...