ROBERT EVANS, Claimant,
v.
TWIN FALLS TAXI TRANSPORTATION, Employer,
and
IDAHO STATE INSURANCE FUND, Surety, Defendants.
No. IC 2013-000808
Idaho Workers Compensation
Before the Industrial Commission of the State of Idaho
May 4, 2016
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND
RECOMMENDATION
R.D.
Maynard, Chairman
INTRODUCTION
Pursuant
to Idaho Code § 72-506, the Idaho Industrial Commission
assigned the above-entitled matter to Referee Alan Taylor,
who conducted a hearing in Boise on June 23, 2015. Claimant,
Robert Evans, was present in person and represented by Daniel
J. Luker, of Boise. Defendant Employer, Twin Falls Taxi
Transportation (Twin Falls Taxi), and Defendant Surety, Idaho
State Insurance Fund, were represented by Alan K. Hull and
Matthew O. Pappas, of Boise. The parties presented oral and
documentary evidence. Post-hearing depositions were taken and
briefs were later submitted. The matter came under advisement
on January 20, 2016.
ISSUES
The
issues to be decided were narrowed by the parties'
post-hearing briefing and are:
1
1. The extent of Claimant's permanent partial impairment
caused by the industrial accident; and
2. The extent of Claimant's permanent disability caused
by the industrial accident, including whether Claimant is
totally and permanently disabled pursuant to the odd-lot
doctrine or otherwise.
CONTENTIONS
OF THE PARTIES
All
parties acknowledge Claimant suffered an industrial accident
on January 7, 2013, when the bus he was driving for Twin
Falls Taxi was rear-ended by another vehicle. He asserts
permanent impairment ranging from 10 to 13% and permanent
disability ranging from 61% to total permanent disability.
Defendants assert that Claimant is not credible, overstates
his limitations, and is entitled to no more than 3% permanent
impairment and no permanent disability beyond impairment.
EVIDENCE
CONSIDERED
The
record in this matter consists of the following:
1. The Industrial Commission legal file;
2. The pre-hearing deposition testimony of Claimant;
3. The testimony of Claimant, Jason Kindelberger, and Anthony
Reyna taken at hearing;
4. Joint Exhibits 1-49, admitted at the hearing;
5. The post-hearing deposition testimony of Leah Speich,
taken by Defendants on September 3, 2015;
6. The post-hearing deposition testimony of Bret Adams, MPT,
taken by Claimant on September 10, 2015;
7. The post-hearing deposition testimony of James Bates,
M.D., taken by Claimant on September 10, 2015;
8. The post-hearing deposition testimony of Rodde Cox, M.D.,
taken by Defendants on September 30, 2015;
9. The post-hearing deposition testimony of Nancy Collins,
Ph.D., taken by Claimant on October 5, 2015; and
10. The post-hearing deposition testimony of Douglas Crum,
CDMS, taken by Defendants on October 5, 2015.
All
pending objections are overruled. After having considered the
above evidence and the arguments of the parties, the Referee
submits the following findings of fact and conclusions of law
for review by the Commission.
FINDINGS
OF FACT
1.
Claimant was born in Wallace, Idaho in 1957. He was 55 years
old and resided in the Boise area at the time of accident. He
was 57 years old and continued to reside in the Boise area at
the time of the hearing.
2. Twin
Falls Taxi was a service providing transportation for
mentally and/or physically disabled adults, including
transportation to medical and similar appointments.
3. Work
and health history. At an early age Claimant moved to and was
largely raised in Denair, California where he graduated from
high school in approximately 1972. He has obtained no further
formal education. He worked on a cattle ranch and a large
poultry farm as a teenager. He learned to operate tractors
and front end loaders. Claimant left home when he was
approximately 15 and worked at a gas station. After
graduating from high school in Denair, he performed a large
number of jobs. His work history also suggests extended
periods of unemployment.
2
4.
Shortly after high school, Claimant began working at a
sporting goods store in Turlock, California, where he
initially stocked merchandise and progressed to store
security, detecting and apprehending shoplifters. From 1974
until 1976, Claimant worked part-time in maintenance at a
nursing home in Turlock. From approximately 1976 until 1978,
Claimant worked as an undercover confidential informant in
various drug-related cases in Turlock and Modesto,
California. At approximately this time, Claimant also worked
as a farm laborer. In 1978 Claimant also worked in Modesto as
an auto detailer.
5.
Claimant then moved to San Francisco where he engaged in body
building and martial arts and was employed as an exotic
dancer and a limousine driver from approximately 1978 until
at least 1979 and perhaps through 1985. From approximately
1978 until 1979 Claimant also worked installing siding. He
installed residential and commercial siding thereafter from
time to time over many years.
6. In
1980 Claimant worked as a custodian cleaning banks in
Sherlock, California. From 1981 through 1982, he worked as
doorman/bouncer.
7. In
approximately 1982, Claimant had a motorcycle accident and
sustained a serious right shoulder injury requiring surgery.
He testified he suffered an adverse reaction to anesthesia
during surgery and "almost didn't make it off the
table." Transcript, p. 29, l. 10. No medical records of
this shoulder injury or surgery were presented by the
parties. Claimant fully recovered from his shoulder injury
and returned to body building and full-time employment
without limitation.
8. In
1984, Claimant moved to Modesto and provided security for
concerts. Claimant worked in Stockton as a subcontractor
installing siding on homes. He was highly proficient in using
skill saws, chop saws, nail guns, and various other power
tools.
9. In
1987, Claimant worked as a fitness trainer at a fitness
center in Modesto. He also continued to work installing
siding.
10. In
1988, Claimant worked for North Cal Distributing for two
months. In 1988 Claimant also worked in construction in
Modesto. He became proficient at walk-through inspections and
completing final inspection checklists. Claimant also worked
laying carpet for several months.
11. In
approximately 1990, Claimant worked as a security officer at
the Hilton Hotel in Reno, Nevada where he transported money
from tables to secure locations.
12. In
approximately 1991, Claimant moved to Montana and worked in
Missoula at Ready Mix Concrete as a supervisor for nearly one
year. He may also have lived and worked in Idaho briefly.
13.
Claimant returned to California and became certified as a
forklift operator in Stockton. In approximately 1992, he
received training in hydraulics; however, Claimant did not
like the field and never used the training.
14. In
approximately 1993, Claimant moved to Idaho and began working
at the Good Samaritan in Boise as a maintenance technician.
His duties included plumbing repairs, painting, and changing
electrical switches. Claimant suffered a work accident at
Good Samaritan when he struck his head on a hand truck,
resulting in a concussion. He was treated at a hospital for
his head injury and for a time could not recall who he was or
where he was. However, a brain CT scan was normal and
Claimant ultimately recovered without residual complaints.
15. In
1994, Claimant lived in Boise and worked for Retaining Walls
Northwest. On January 8, 1994, he sustained a work injury
when he grabbed someone to prevent them from falling through
a floor of a building that was being demolished. Claimant was
diagnosed with a hip strain, received conservative medical
treatment, and recovered. By 1996 Claimant worked making
cabinets.
16. In
approximately 1996, Claimant began working for Franklin
Building Supply in Boise. His duties included operating
forklifts and unloading freight. On September 26, 1996, he
sustained a work accident when a metal band struck his right
eye causing a corneal abrasion. He was off work for
approximately one week and received conservative treatment by
an ophthalmologist. Claimant fully recovered and returned to
his usual work. In June 1997, he sustained another work
accident when he was bitten by a spider at work and developed
immediate arm numbness. He was treated at the...
