Hite v. Timberline Drilling, Inc., 091115 IDWC, IC 2011-025903

• Case Date: September 11, 2015
• Court: Idaho

ANTHONY HITE, Claimant, v. TIMBERLINE DRILLING, INC., Employer, and AMERICAN MINING INSURANCE CO., Surety, Defendants. No. IC 2011-025903 Idaho Workers Compensation Before the Industrial Commission of the state of Idaho September 11, 2015           FINDINGS OF FACT, CONCLUSION 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 Coeur d'Alene, Idaho on February 5, 2015. Claimant, Anthony Hite, was present in person and represented by Michael Verbillis, of Coeur d'Alene. Defendant Employer, Timberline Drilling, Inc. (Timberline), and Defendant Surety, American Mining Insurance Co., were represented by Scott Wigle, of Boise. The parties presented oral and documentary evidence. No post-hearing depositions were taken. Briefs were submitted. Eric Bailey, of Boise, authored Defendants' brief. The matter came under advisement on August 4, 2015.          ISSUE          The parties have specified the issue to be determined as: whether Claimant's injury and the resultant pathology to his spleen is causally linked to his industrial injury of October 14, 2011, when he injured his right shoulder. All other issues are reserved.          CONTENTIONS OF THE PARTIES          All parties acknowledge that Claimant sustained a right shoulder injury while working for Timberline on October 14, 2011, and consequently underwent right shoulder surgery on December 5, 2011. While recovering from surgery, Claimant fell on the ice on the walkway beside his home. He asserts that, in falling, he protected his right shoulder by turning and landing on his left side, thereby damaging his spleen. He also asserts that he further damaged his spleen when dismounting a table at physical therapy for his right shoulder. Claimant argues Defendants are responsible for the costs of medical treatment of his spleen as the direct and natural consequence of his industrial right shoulder injury. Defendants assert that Claimant's fall on the ice near his home constitutes a superseding intervening event and they are not responsible for the costs of treatment of his ruptured spleen.          EVIDENCE CONSIDERED          The record in this matter consists of the following:

1. The Industrial Commission legal file;

2. Claimant's Exhibits 1-8, admitted at the hearing;

3. Defendants' Exhibits 1-11, admitted at the hearing; and

4. The testimony of Claimant and Tara Hite, Claimant's wife, taken at the February 5, 2015 hearing.

         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 conclusion of law for review by the Commission.           FINDINGS OF FACT          1. Claimant was born in 1970. He is right-handed. He was 44 years old and lived in Hayden at the time of the hearing.          2. Timberline is a drilling company that, among other things, constructs drilling equipment, including skids and platforms. It conducts business in Idaho and neighboring states.          3. Background. Claimant completed the 11^th grade, but did not graduate from high school and has not obtained a GED. He participated in many high school sports, snowboarded, and later excelled in BMX racing. Claimant was the Idaho state champion BMX racer for two or three years. He could do 360 degree jumps on a BMX and on a snowboard.          4. After leaving high school, Claimant obtained training in crane and forklift operation. He became certified in heavy structural welding and worked as a fabricator welder and millwright for over 20 years. No later than 2010, he was hired at Timberline as a fabricator.          5. Significant prior medical history. Claimant suffered many accidents and injuries in his various work and recreational pursuits. He has fractured his heels, lower leg, femur, fingers, left elbow, right wrist, back, and several ribs on multiple occasions. In August 2004 Claimant was boating and lacerated his spleen when he fell against the corner of a counter with his left side. He sought medical attention several days later and was hospitalized for observation and conservative care for approximately one week. His condition improved without surgery and he was discharged. After his release, Claimant experienced no further problems with his spleen through 2011.          6. October 14, 2011 industrial accident and treatment. On October 14, 2011, Claimant was at Timberline fabricating a core drill skid weighing several hundred pounds. Upon finishing welding one side of the skid, Claimant and a coworker flipped the skid over to weld the other side. As the skid turned over, a welding burr caught Claimant's right glove and the force of the turning skid yanked Claimant's right arm, throwing him to the ground. He noted immediate right shoulder pain but finished his work assignments that day and continued to work for several more days. Claimant's shoulder symptoms worsened and he subsequently sought medical attention. A right shoulder MRI on November 6, 2011, revealed a large SLAP tear of the right shoulder with biceps anchor involvement. On December 12, 2011, Jonathan King, M.D., performed right shoulder surgery. Claimant wore a sling for several weeks and then gradually began physical therapy to rehabilitate his right shoulder.          7. February 10 or 12, 2012 slip and fall at home. On or about February 10 or 12, 2012, Claimant was still recovering from his right shoulder surgery when he slipped on ice and fell while walking on the walkway beside his home. Claimant testified his legs flew straight out ahead of him and he consciously and instinctively twisted to his left while still in the air to keep his recently operated right shoulder from striking the ground. Claimant landed hard on his left side with his left elbow bent and his left arm tucked against his body. The impact knocked the wind out of him. He noted immediate sharp left side pain and believed he had probably cracked one or more ribs. Claimant regained his feet and entered his house where he sat down to catch his breath and his wife noticed his discomfort. He had fractured ribs before and believed his left side pain was from such a fracture and would resolve in time without medical attention. He caught his breath and the left side pain abated.          8. On February 14, 2012, Claimant attended physical therapy for his right shoulder. The record of that visit notes: "Pt reports he slipped and fell on ice about 4 days ago, protected R shoulder but thinks he may have fractured ribs on L." Defendants' Exhibit 3, p. 42.          9. February 16, 2012, physical therapy and emergency hospitalization. On February 16, 2012, Claimant attended further physical therapy prescribed for rehabilitation of his right shoulder. Following a period of shoulder exercises, the physical therapist massaged and manipulated Claimant's right shoulder as he lay face down on a table. Upon completion of the manipulation, Claimant's right shoulder was too sore to push himself up from the table so, still facing down, he slid his body off the table until his legs extended over the side of the table and his feet touched the floor. As his abdomen slid over the edge of the table he felt sharp pain in his left side and believed that he had probably irritated the ribs he fractured when he fell on the ice at his home several days earlier.          10. Claimant left the physical therapist's office and stopped to see some friends at a nearby business before going home. After talking with his friends for a few minutes, Claimant began feeling ill with severe lower abdominal pain. He noted a sensation of fullness in his lower left abdomen. Claimant got in his vehicle intending to drive to Kootenai Medical Center one-half mile away, but...