CHRISTY HACKWORTH, Claimant,
v.
SUPER 8, Employer,
and
EMPLOYER’S COMPENSATION INSURANCE COMPANY, Surety, Defendants.
No. IC 2012-016233
Idaho Workers Compensation
Before the Industrial Commission of the state of Idaho
July 27, 2016
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND
RECOMMENDATION
John
C. Hummel, Referee
INTRODUCTION
Pursuant
to Idaho Code § 72-506, the Idaho Industrial Commission
assigned the above-entitled matter to Referee John C. Hummel,
who conducted a hearing in Twin Falls on January 22, 2016.
Dennis R. Petersen of Idaho Falls represented Claimant,
Christy Hackworth, who was present. Alan R. Gardner of Boise
represented Employer, Super 8, and Surety, Employer's
Compensation Insurance Company. The parties presented oral
and documentary evidence. They then took post-hearing
depositions and submitted post-hearing briefs. The matter
came under advisement on July 12, 2016.
ISSUES
By
agreement of the parties at the hearing,1 the issues to be decided are as follows:
1.
Whether and to what extent Claimant is entitled to permanent
partial disability in excess of her approved permanent
partial impairment; and
2.
Whether the Commission should retain jurisdiction beyond the
statute of limitations.
CONTENTIONS
OF THE PARTIES
Claimant
suffered an industrial accident on June 24, 2012 that injured
her left wrist and hand. Defendants accepted responsibility
for Claimant's medical care, including four surgeries,
and payment of temporary disability benefits during her
period of recovery. Claimant also received payment of an 8%
whole person permanent partial impairment. Claimant asserts
entitlement to a permanent partial disability of 33%,
inclusive of impairment. Defendants deny that Claimant has
suffered any disability in excess of impairment.
OBJECTIONS
All
pending objections raised in the post-hearing depositions are
overruled.
EVIDENCE
CONSIDERED
The
record in this matter consists of the following:
1. The
testimony of Claimant taken at the hearing;
2.
Claimant's Exhibits A through R admitted at the hearing;
3.
Defendants' Exhibits 1 through 16 admitted at the
hearing; and
4. The
transcripts of the following depositions: Claimant, October
30, 2015; Dalene Studyvin, January 21, 2016; James H. Bates,
M.D., March 1, 2016; Tyler R. Wayment, M.D., March 16, 2016;
John M. Janzen, April 13, 2016; and Delyn D. Porter, April
13, 2016.
After
considering all of the above evidence and briefs of the
parties, the Referee submits the following findings of fact
and conclusions of law for review by the full Commission.
FINDINGS OF FACT
1.
Claimant's Background. Claimant was born
on January 28, 1977 in Fallon, Nevada. She grew up in Nevada
until 1991, when she moved to Jerome, Idaho. She graduated
from Jerome High School in 1995. She married after high
school and had two children by her first marriage. Claimant
divorced in 2011. She remarried and changed her name to
"Christy Dawn Ekstrand" in January 2015. At the
time of hearing Claimant was 38 years old and resided in
Gooding, Idaho. Her dominant hand is her right hand. Tr.,
21:7-22:1; 92:18-22; Claimant Dep., 4:21-7:21.
2.
Pre-Injury Employment. Claimant held her
first job during high school. She worked part-time as a sales
clerk at Macy's in the Magic Valley Mall for six months
during 1993. Tr., 22:2-24; Ex. O:247.
3.
Following high school from 1995 to 1996, Claimant worked as
cashier and cook at Honker's Mini-Mart, a truck stop in
Jerome. Her duties included stocking shelves and cleaning.
Tr., 22:25-23:20; Ex. O:247.
4.
Claimant worked briefly in 1996 for each of the following
employers: Sears at the Magic Valley Mall, as a sales clerk;
Lakey, Inc., in Twin Falls; and FW Consulting Services, based
in Sandy, Utah. She does not recall what her positions were
for the latter two employers. Tr., 23:23-25:2; Ex. O:248.
5. From
1997 to 1998, Claimant worked for D & B Construction in
Jerome. She performed general construction labor and operated
a backhoe and dump truck. Tr., 25:4-18; Ex. O:248.
6.
Claimant left the workforce in 1998 for approximately four
years to become a stay-at-home mother. She and her husband
made this choice because their daughter had some health
issues that made daycare placement problematic. Tr.,
25:25-26:13.
7.
Claimant returned to the workforce in 2002 in a position with
Step Ahead Learning Center, a preschool facility in Twin
Falls. She was a daycare worker who worked with infants. This
employment continued into 2003. In 2003 she also worked
briefly for another daycare facility, KC Unlimited Kids Club,
located in Twin Falls. Tr., 26:25-28:12; Ex. O:248, 250.
8.
Claimant was self-employed from approximately 2003 to 2004.
She operated a daycare out of her own home in Jerome. She had
no other workers and performed all of the daycare operations
by herself. Her daycare served four to six children. Tr.,
27:13-25; Ex. O:249.
9. In
2004 Claimant worked briefly for the Jerome School District
as a substitute teacher. Tr., 28:18-24; Ex. O:249.
10.
Claimant worked from 2004 to 2005 for Xpress Cash Financial
Services of Northwest, a payday loan company, both in Jerome
and in Twin Falls. She began work for the company as a
customer service representative and then received a promotion
to a management position. Tr., 29:4-20; Ex. O:249.
11.
Claimant worked from 2005 to 2006 for Canyonside Christian
School in Jerome. In this job she operated the school's
after-school care program. Tr., 30:8-25; Ex. O:249.
12. In
2007 and 2008 Claimant worked for Aardvark Legal in Jerome as
an office manager. She performed bookkeeping services and
assisted in the filing and preparation of legal documents in
addition to providing general office support. Tr.,
31:14-32:2.
13.
After Claimant left Aardvark Legal in 2008, she remained
unemployed through 2010. She cared for several children in
her home but did not earn income from this activity as
self-employment. During this period her daughter had several
surgeries; the Claimant attended to her daughter's needs
and worked as a stay-at-home mother. Tr., 32:11-21.
14. In
December 2010 the Claimant moved to Las Vegas while she was
in the process of divorcing. She lived with family there
until July 2011. In 2011 she worked as a daycare worker for
eight months for Kinder Cottage Preschool & Childcare
while in Las Vegas. Tr., 32:22-33:16.
15.
After returning to the Magic Valley in August 2011, the
Claimant began work for Jerome Middle School as a
paraprofessional/teacher's aide. She had her own
classroom in which she coached students with learning
disabilities in various subjects and helped those who had
reading problems. She continued to work in this position
through the end of the school year in 2014. She earned
approximately $900 per month and worked 30 to 35 hours per
week in this position. Tr., 34:4-35:11; Ex. O:249.
16.
Subject Employment. On May 15, 2012,
Claimant began working as a front desk clerk for Super 8, a
motel business located in Twin Falls. Jerome Middle School
continued to employ her after she began employment with Super
8. Her job responsibilities with Super 8 included the
following: checking guests in and out of the motel,
processing guest payments, performing computer work, helping
guests with luggage or other room assistance, moving extra
beds, delivering towels, cleaning the lobby and kitchen, and
responding to requests for guest assistance. On days when a
breakfast attendant was not present, she also had the
responsibility of preparing guest breakfasts. She worked
approximately 20 to 40 hours per week. Her customary shift
was from 3:00 to 11:00 p.m., Friday through Monday. Her
initial rate of pay was $7.50 per hour. Tr., 35:12-38:9.
17. In
or about 2013, Claimant received a promotion to the position
of assistant manager with Super 8 and a pay raise to $8.00
per hour. Her duties as assistant manager did not change
significantly from those she performed as front desk clerk,
although she had managerial authority in the absence of the
manager. Claimant remained regularly employed in this
position through December 2014 when she and her family moved
to Gooding. Claimant Dep., 15:1-25. After December 2014
through the date of the hearing, Claimant...
