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Jensen v. City of Pocatello12/15/2000
Claimant's renal failure was caused by his Pain-Off ingestion and/or solvent exposure at work, Hart [v. Kaman Bearing & Supply, 130 Idaho 296, 939 P.2d 1375 (1997)] requires the conclusion that Claimant has failed to establish by expert medical testimony that his renal failure was work-related. (R. p. 29)
The referee then recommended that Jensen be awarded damages for the medical reaction of May 1 st , but denied damages resulting from the subsequent kidney (renal) failure. The Industrial Commission adopted the findings and conclusions of the referee on April 19, 1999. Both Jensen and the City appeal from the order of the Industrial Commission.
II. STANDARD OF REVIEW
When this Court reviews a decision from the Industrial Commission, it exercises free review over questions of law but reviews questions of fact only to determine whether substantial and competent evidence supports the Commission's findings. Ogden v. Thompson, 128 Idaho 87, 88, 910 P.2d 759, 760 (1996). Substantial and competent evidence is "relevant evidence which a reasonable mind might accept to support a conclusion." Boise Orthopedic Clinic v. Idaho State Ins. Fund (In re Wilson), 128 Idaho 161, 164, 911 P.2d 754, 757 (1996).
Whether an injury arose out of the course of employment is a question of fact to be determined by the Commission. Kessler ex. rel. Kessler v. Payette County, 129 Idaho 855, 859, 934 P.2d 28, 32 (1997). The Commission's conclusions on the credibility and weight of evidence will not be disturbed unless the conclusions are clearly erroneous. Zapata v. J.R. Simplot Co., 132 Idaho 513, 515, 975 P.2d 1178, 1180 (1999). On appeal, this Court is not to re-weigh the evidence or consider whether it would have reached a different conclusion from the evidence presented. See Warden v. Idaho Timber Corp., 132 Idaho 454, 457, 974 P.2d 506, 509 (1999).
III. ANALYSIS
A. The Industrial Commission Referee Correctly Characterized Dr. Hearn's Testimony.
The City claims that the following findings of fact made by the Industrial Commission referee are not supported by substantial and competent evidence.
The Industrial Commission referee found in its finding of fact number 29 that:
Dr. Hearn testified that acute renal failure in a non-hospitalized individual is most likely caused by autoimmune disease, infection, or ingestion of a toxic food or medicine. He testified that there was no evidence of autoimmune disease or infection to account for Claimant's renal failure, and that it was consistent with toxic exposure.
In its finding number 34, the referee found that:
Dr. Hearn's testimony virtually eliminates all other possible causes and establishes, by elimination, that Claimant's May 1, 1997, ingestion of medication at work more likely than not produced a toxic event precipitating his acute renal failure.
In his deposition, Dr. Hearn testified that:
A. I do not have a specific checklist for workers, but in general my checklist for people who acquire renal failure as an out-patient, not while they're in the hospital, would include ingestion of some toxic substance, whether it be a medicine or a food, but some ingestion; an autoimmune disease where the person becomes allergic to themselves and attacks their kidneys; or an infectious agent, some form of infection which would cause it, are the three general categories that I would think about for people who are outside the medical system when they begin to get sick.
Q. Basically you ruled out the last two in your work-up of Bart [Jensen], didn't you?
A. There was no evidence of the autoimmune dis
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