Jobe v. Clinic, 092316 IDWC, IC 2014-014091
Case Date | September 23, 2016 |
Court | Idaho |
1. Whether Claimant suffers from a compensable occupational disease, including whether the provisions of Idaho Code § 72-448 serve as a bar to the claim;
2. Whether and to what extent Claimant is entitled to the following benefits:
a. Medical care;
b. Temporary disability benefits, partial or total (TPD/TTD);
c. Permanent Partial Impairment (PPI)
d. Permanent Partial Disability in excess of Impairment, including Total Permanent Disability pursuant to the Odd-lot Doctrine; and
e. Attorney Fees.
3. Whether Claimant is totally and permanently disabled; and
4. Whether the Neel Doctrine applies to Claimant's past medical bills.CONTENTIONS OF THE PARTIES Claimant, a physician, asserts he contracted disseminated MRSA out of and in the course of his employment with Employer. The infection spread throughout his body, causing numerous and severe complications, and rendering him totally and permanently disabled. Claimant is entitled to all applicable benefits. Defendants argue Claimant did not prove causation. Furthermore, he failed to comply with the notice and filing requirements of Idaho Code § 72-448. Defendants owe Claimant no benefits. Alternatively, should Claimant's disease be found compensable, Defendants would only be liable for payment of benefits after the date of manifestation. EVIDENCE CONSIDERED The record in this matter consists of the following: 1. The hearing testimony of Claimant's wife, Idalla Jobe, and his son, Brian Jobe, taken at hearing; 2. Claimant's Exhibits (CE) A through Z and AA, admitted at hearing; 3. Defendants' Exhibits (DE) 1 through 7, admitted at hearing, with the exception of pages 13 through 16 and 69 through 74 of DE 1, which were objected to, and which objection is hereby sustained; 4. The post-hearing deposition transcript of David Souvenir, M.D., taken on March 25, 2016; 5. The post-hearing deposition transcript of Harry Hull, M.D., taken on April 29, 2016; 6. The post-hearing deposition transcript of John McNulty, M.D., taken on May 23, 2016; 7. The post-hearing deposition transcript of Mr. Fred Cutler, taken on May 26, 2016; and 8. The post-hearing deposition transcript of Francis Riedo, M.D., taken on June 3, 2016. Objections Defendants' objection to Dr. McNulty's testimony totalling Claimant's various impairments is overruled in that the testimony is simply a mathematical exercise using combining tables available to anyone. Defendants' objections to opinion testimony of Dr. McNulty on page 15, l. 6 and ll. 13 through 21 are sustained in that they go beyond information provided in discovery, and Dr. McNulty's written report, CE S. Claimant's objection to the admission of Defendants' proposed Exhibits 4 to Dr. Riedo's deposition – a study of the prevalence of MRSA carriage in healthcare workers in non-outbreak settings –is sustained. The motion to strike Dr. Riedo's testimony concerning the study is overruled. While the document is not admissible due to Defendants' failure to provide it in discovery and/or disclose it in "Rule 10" disclosures, the doctor may discuss the study in his oral testimony, as it was referenced previously in his written report. Having considered the evidence and briefs of the parties, the Referee submits the following findings of fact and conclusions of law for review by the Commission. FINDINGS OF FACT 1. At the time of hearing, Claimant was an 80 year old married man living in Spokane Valley, Washington. Claimant is a licensed physician; he graduated from medical school in 1961, completed a residency in internal medicine, then a fellowship in hematology and oncology in 1965. 2. Claimant went to work for Employer on October 8, 2012 as an internist and primary care physician. He saw patients five days a week for Employer. His last day of work was June 19, 2013. Prior, Claimant had worked at various hospitals and clinics. 3. Claimant presented to Patrick Mullen, M.D., on June 17, 2013, complaining of sudden onset right thumb pain. Eventually, the infection was determined to be caused by methicillin-resistant staphylococcus aureus, or MRSA. When asked as to a possible source of the infection, Claimant told Dr. Mullen the only thing that came to mind was the fact that his cat had scratched him on his right hand a few weeks previous.
To continue reading
Request your trial