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Jensen v. City of Pocatello12/15/2000
sion:
The claimant carries the burden of proof that to a reasonable degree of medical probability the injury for which benefits are claimed is causally related to an accident occurring in the course of employment. Proof of a possible causal link is insufficient to satisfy the burden. The issue of causation must be proved by expert medical testimony. Hart v. Kaman Bearing & Supply, 130 Idaho 296, 299, 939 P.2d 1375, 1378 (1997) (internal citations omitted).
"In this regard, 'probable' is defined as 'having more evidence for than against.'" Soto v. Simplot, 126 Idaho 536, 540, 887 P.2d 1043, 1047 (1994). Additionally, "physician opinions are not binding on the Commission, but are advisory." Id. at 539, 887 P.2d at 1046.
The Industrial Commission determined that Jensen's renal failure was not causally connected to his ingestion of the Pain-Off because "Dr. Hearn repeatedly and expressly refused to opine to a reasonable degree of medical probability that Claimant's renal failure was caused by his Pain-Off ingestion and /or solvent exposure at work ...."
However, while Dr. Hearn expressly refused to say the words "reasonable degree of medical probability," it is clear from his testimony that he considered that Jensen's renal failure to be more likely than not caused by his ingestion of pain-off. This Court has held that "No special verbal formula is necessary when, as here, a doctor's testimony plainly and unequivocally conveys his conviction that events are causally related." Paulson v. Idaho Forest Indus., Inc., 99 Idaho 896, 901, 591 P.2d 143, 148 (1979), overruled on other grounds by Jones v. Emmett Manor, 134 Idaho 160, 165, 997 P.2d 621, 625 (2000) (holding that "To the extent Dean v. Dravo Corp. and Paulson v. Idaho Forest Industries suggest a requirement of oral medical testimony in every case, the suggestion is disavowed."). Therefore, we hold that Dr. Hearn's testimony, coupled with the facts, adequately established a causal connection between Jensen's pain-off ingestion and his renal failure, when Dr. Hearn indicated that he did "not know of anything that would be higher" on his list of speculation. While this is admittedly a difficult and close call, " e must liberally construe the provisions of the worker's compensation law in favor of the employee, in order to serve the humane purposes for which the law was promulgated." Murry-Donahue v. National Car Rental Licensee Ass'n., 127 Idaho 337, 340, 900 P.2d 1348, 1351 (1995).
IV. CONCLUSION
This Court holds that Jensen's injuries of May 1, 1997, were within the definitions of industrial accident contained in section 72-102(17) of the Idaho Code. We reverse the holding of the Industrial Commission in its determination that Jensen failed to prove his kidney (renal) failure was causally related to his ingestion of Pain-Off. The case is remanded to allow Jensen to proceed to establish his damages. No attorney fees are awarded. Costs to appellant.
Justices SCHROEDER and WALTERS, CONCUR.
Justice SILAK dissenting.
I dissent from Parts IIIC and Part IV of the majority opinion, although I concur in the remainder of the opinion. The majority correctly cites this Court's standard of review in stating that the Court will not overturn a decision of the Industrial Commission if there is substantial and competent evidence to support its findings, citing Zapata v. J.R. Simplot Co., 132 Idaho 513, 515, 975 P.2d 1178, 1180 (1999). In my view the decision of the Industrial Commission concerning the causal relationship between Jensen's renal failure and an industrial accident should not be reversed under the above standard of review.
In the Refe
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