GEORGE KURT HANER, Claimant,
v.
GLANBIA FOODS, INC., Employer,
and
AMERICAN ZURICH INSURANCE CO., Surety, Defendants.
No. IC 2015-023179
Idaho Workers Compensation
Before the Industrial Commission of the State of Idaho
April 22, 2019
FINDINGS OF FACT, CONCLUSION OF LAW, AND
RECOMMENDATION
Thomas
P. Baskin, 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 Twin Falls, Idaho, on October 5,
2018. Brian Tanner and Keith Hutchinson of Twin Falls
represented Claimant. David Gardner of Pocatello represented
Defendants. The parties produced oral and documentary
evidence at the hearing, took post-hearing depositions, and
submitted briefs. The matter came under advisement on March
5, 2019.
ISSUE
The
issues stated in the Notice of Hearing were distilled down at
the hearing and in briefing to the sole issue of determining
the extent of Claimant’s permanent partial disability
in excess of impairment.
CONTENTIONS
OF THE PARTIES
Claimant
contends he suffered a devastating, life changing injury to
his dominant right hand (with additional permanent damage to
his left hand) when his hand was caught in a machine at work.
The result was traumatic amputation of his right fingers and
severed tendons in his left hand. These injuries left
Claimant with a permanent disability in the range of 87% to
94%.
Defendants
acknowledge Claimant suffered permanent disability beyond his
impairment rating as the result of a compensable accident.
Claimant’s permanent disability is in the range of 40%
to 56%.
EVIDENCE
CONSIDERED
The
record in this matter consists of the following:
1. The testimony of Claimant and witness Chris Schoolcraft,
taken at hearing;
2. Joint exhibits (JE) 1 through 14 admitted at hearing; and
3. The post-hearing deposition transcripts of William Jordan
and Nancy Collins, PhD, both taken on October 18, 2018.
Objections
and Defendants’ Motion to Strike portions of Dr.
Collins’ deposition are overruled and denied.
FINDINGS
OF FACT
1.
Claimant was a married man age fifty living in Gooding, Idaho
at the time of hearing. He attended Filer High School until
11
th grade, and obtained a GED thereafter. After
high school, Claimant obtained additional training in welding
and general qautomotive repair. Claimant receives on-the-job
maintenance, use, and repair training on an ongoing basis
through Employer for equipment used in Employer’s
facility.
2.
Claimant began working for Employer in February 2008. At the
time of his accident in question, Claimant was a maintenance
technician, repairing and servicing all the plant equipment.
Prior to working for Employer, Claimant’s employment
history included dairy worker, agricultural field worker and
mechanic, automobile technician and shop supervisor for two
local tire stores, as well as volunteer first responder with
Wendell Fire.
3. On
August 24, 2015, Claimant was performing preventative
maintenance on a piece of equipment as part of his normal
work duties with Employer. As he was working on a fan pulley,
the machine unexpectedly began running, pulling
Claimant’s right hand into the space between the pulley
wheel and the belt. Due to the equipment’s
configuration, Claimant’s right hand stuck in this
space as the wheel and pulley belt continued to turn,
abrading his fingers to the point of traumatic
amputation.
1 In the process of
freeing himself, Claimant also injured his left, non-dominant
hand, albeit it to a lesser degree. Left hand injuries
included bone fractures and lacerations, and long-term
ligament injuries of his middle and ring fingers.
4.
Claimant’s post-accident medical care included seven
surgeries, physical therapy, occupational therapy and related
treatments. The parties agree Claimant suffered permanent
disability over his 33% WP permanent impairment.
2 They also agree Claimant cannot return
to his exact time-of-injury occupation, but acknowledge
Claimant continues to work for Employer with no reduction in
pay, and in fact pay increases at intervals, with the same
title of maintenance mechanic, although with somewhat
modified duties, as discussed further below.
DISCUSSION
AND FURTHER FINDINGS
5.
Idaho Code § 72-422 defines permanent disability as
“any anatomic or functional abnormality or loss after
maximal medical rehabilitation has been achieved and which
abnormality or loss, medically, is considered stable or
nonprogressive at the time of evaluation.” One is under
a permanent disability “when the actual or presumed
ability to engage in gainful activity is reduced or absent
because of permanent impairment and no fundamental or marked
change in the future can be reasonably expected.” I.C.
§ 72-423. As defined in I.C. § 72-425,
“Evaluation (rating) of permanent...
