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Jensen v. City of Pocatello12/15/2000
Pocatello, September 14, 2000
2000 Opinion No. 119
Frederick C. Lyon, Clerk
Appeal from the Industrial Commission.
The decision of the Industrial Commission is reversed and remanded.
This workers' compensation case results from injuries received by an employee of the Pocatello Sanitation Department. Bart Jensen suffered total kidney failure two days after ingesting a pain medication provided by his supervisor. The referee for the Industrial Commission found that Jensen had failed to prove that the pain medication was the cause of the kidney failure. The Industrial Commission adopted the recommendation of the referee and Jensen appealed.
I. FACTS AND PROCEDURAL BACKGROUND
The record on appeal indicates that Bart Jensen began working for the City of Pocatello in the sanitation department in 1985. With the exception of a resolved back injury in 1987, Jensen had no significant health problems prior to May 1, 1997. On May 1 st 1997, at 7:00 a.m., Jensen reported for work at the Sanitation Department. He was in good health with no noticeable health problems. At 10:00 a.m. Jensen drank a large Coke and was generally well hydrated. At lunch Jensen had a drink of water. He urinated twice prior to 2:00 p.m. Around 2:30 p.m. Jensen returned to the shop. At that time, the floor of the shop was being cleaned with a harsh chemical that can burn the skin and remove paint from metal surfaces, called container soap.
Upon entering the shop, Jensen informed his supervisor, Kirt Malm, that he had a slight headache. The supervisor instructed Jensen to take two "Pain-Off" tablets from the first-aid cabinet in the shop. Jensen had never taken Pain-Off medication prior to this time. Within minutes of taking the medication, Jensen began experiencing severe stomach cramps. The cramping continued and spread to his back below the rib cage and on both sides. Jensen testified that the pains were shooting "across the end of my spine." As the pain spread, Jensen asked a co-worker to call an ambulance.
After retrieving the package of Pain-Off medication, Malm drove Jensen to the hospital in Malm's City truck. En route to the hospital Malm was concerned that he should have called the ambulance because of Jensen's obvious distress. Jensen was admitted to the emergency room. He complained that within five minutes of having taken the Pain-Off he experienced chest tightness, shortness of breath and pain in his lower back. The emergency room doctor, Dr. David Barnett diagnosed Jensen as having a medication reaction. Jensen was given a 50 mg. injection of Benadryl. After a one-hour observation period, Jensen was released from the hospital and was taken home by Malm around 4:30 p.m.
When Jensen returned home, he still felt sick and was not able to keep food down. He took some "Motrin" for pain but vomited it up shortly after taking it. The next day, Jensen's condition continued to deteriorate. He could not keep food or drink down and vomited several times. Jensen did not go to work that day. He continued to feel sicker and weaker as the day progressed, and by evening his wife began to notice that the whites of his eyes had taken on a yellow-orange color.
The next morning, Saturday, May 3, 1997, Jensen's wife had difficulty waking him. Jensen's wife took him to see a friend who told her that Jensen looked like he should go immediately to the hospital. While driving home, Jensen and his wife encountered Malm who also noted Jensen's yellow color and recommended that Jensen return to the hospital. Jensen returned home to bathe before returning to the hospital. While cleaning up he urinated for the first time
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