Carlson, 082289 IDWC, 83-433987

Docket Nº:83-433987; 87-574810
Case Date:August 22, 1989
1989 IIC 0486
Carlson, Barbara
Doerr Distribution; Idea Inc.
Mission Insurance Company; Idaho Insurance Guaranty Association; State Insurance Fund
83-433987; 87-574810
Idaho Workers Compensation
Before The Industrial Commission Of The State Of Idaho
August 22, 1989
          FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER          The above-entitled matter came on for hearing before Commissioner Gerald A. Geddes on December 6, 1988, and February 15, 1989, in Boise, Idaho. At the hearing in December, 1988, the two claims were consolidated. Claimant was present in person and was represented by Richard S. Owen, Esq., of Goicoechea Law Offices of Nampa. Defendants, DOERR and Idaho Insurance Guaranty Association, were represented by Alan K. Hull, Esq. of Quane, Smith, Howard & Hull of Boise. Defendants, IDEA, Inc. and State Insurance Fund were represented by Rex Blackburn, Esq. of Evans, Keane, Koontz, Boyd, Simko & Ripley, also of Boise. Oral and documentary evidence was presented and the matter was continued for the taking of additional evidence by oral deposition or documents. The Commission has received the oral depositions of Keith Taylor, M.D., Thomas Henson, M.D., and Charles Schneider, M.D. In addition, attached to the deposition of Dr. Schneider are exhibits that were marked at the hearing and used in the course of Dr. Schneider’s deposition. The parties then submitted briefs, the last received at the Commission on June 2, 1989, and the matter is now ready to be decided. Based upon the record established, the Commissioner recommends the Commission enter the following proposed Findings of Fact, Conclusions of Law, and Order.          ISSUES          The issues presented for resolution are:
         1) Whether or not claimant’s claim against defendant, IDEA, Inc. and the State Insurance Fund, is barred by the statute of limitations          2) Whether or not claimant’s current problems are caused by the two industrial accidents, if so, apportionment of liability between defendants; and          3) Establishment of dates of total temporary disability and reasonable and necessary medical benefits.
         RECORD          The record established in this case and the evidence considered by the Commissioner and the rendering of his opinion is as follows:
         1. Transcript of the hearing of December 6, 1988;          2. Transcript of the hearing on February 15, 1989;          3. Commission Exhibit 1 - Notice of Injury regarding 1983 accident;          4. Commission Exhibit 2 - Notice of Injury regarding the 1987 accident;          5. Commission Exhibit 3 - medical records;          6. Commission Exhibit 4 - medical records;          7. Commission Exhibit 5 - report of Dr. Thomas Henson;          8. Commission Exhibit 6 - records from the Elks Rehabilitation Hospital;          9. Commission Exhibit 7 - medical records from the Elks;          10. Claimant’s Exhibit 2 - medical reports from Dr. Downey;          11. Claimant’s Exhibit 3 - medical records from Dr. Schneider;          12. Claimant’s Exhibit 4 - medical records from Boise Neurological Associates;          13. Claimant’s Exhibit 5 - medical records from St. Alphonsus Hospital;          14. Claimant’s Exhibit 6 - medical records from the Elks Rehabilitation Hospital;          15. Claimant’s Exhibit 7 - Snake River Sports Medicine records;          16. Claimant’s Exhibit 8 - an accident report regarding accident in 1987;          17. Claimant’s Exhibit 10 - photo copy of a postcard sent by defendant (State Insurance Fund);          18. Claimant’s Exhibit 11 - medical bill from Dr. Schneider;          19. Claimant’s Exhibit 11a - medical bill from Dr. Schneider;          20. Claimant’s Exhibit 12 - report from Dr. Schneider          21. Claimant’s Exhibit 13 - report from Dr. Henson:          22. Claimant’s Exhibit 14 - summary of medical bills (deposition of Dr. Schneider);          23. Defendants’ Exhibit 15 - summary of payments on the 1983 accident;          24. Claimant’s Exhibit 16 - MRI report:          25. Defendants’ Exhibit 17 - employments attendance records of claimant;          26. Defendants’ Exhibit 18 - ledger recording claimant’s payment of doctor bill (see deposition of Dr. Schneider);          27. Defendants’ Exhibit 19 - copy of prescription;          28. Defendants’ Exhibit 20 - canceled check on the claimant’s account (check #315);          29. Defendants’ Exhibit 21 - canceled check

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