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Jarvis v. Rexburg Nursing Center12/26/2001
on found that Jarvis was not credible. It found that the physical therapist who attempted to evaluate her functional capacity was unable to rate her because she failed to try to perform the tests and that her representations about her abilities were not credible. It also found that her medical history over ten years showed a similar lack of effort and incredible complaints on examinations. The Commission discounted the testimony of Jarvis' expert because his opinions were based upon the truthfulness of what Jarvis had told him concerning her pain, limitations, and abilities. The Commission therefore concluded that Jarvis' evidence was not convincing, that she had failed to prove a permanent disability of 100%, and that she had failed to prove a prima facie case under the odd-lot doctrine. Because the Commission is the fact finder, its conclusions on the credibility and weight of the evidence will not be disturbed on appeal unless they are clearly erroneous. Rivas v. K.C. Logging, 134 Idaho 603, 7 P.3d 212 (2000). The Commission's findings are not clearly erroneous.
B. Did the Industrial Commission err in conditioning Claimant's entitlement to future pain medication and future medical benefits upon her attending a pain clinic or inpatient program by December 21, 2000?
During the course of her treatment, Jarvis became dependent upon narcotic medications. Medical professionals stated that she needed to discontinue those pain medications, and her psychiatrist opined that an inpatient pain clinic was her only chance to return to work. Jarvis decided not to attend a pain clinic, however. The Industrial Commission found that future medical care would be unreasonable if Jarvis fails to follow recommendations of her medical providers. It awarded her $10,000 in future medical care to pay for inpatient treatment and then ordered that she could not receive reasonable medical benefits after December 31, 2000, unless she successfully completed inpatient treatment for her drug dependence and remained free of pain medications.
On December 29, 2000, Jarvis filed a motion seeking an extension of time within which to attend the inpatient treatment. In support of that motion, her counsel submitted his affidavit in which he stated that the employer had not made any voluntary payments to Jarvis since 1995, and that Jarvis had not received any payments through garnishment proceedings instituted against the employer since June 1998. He stated that he had contacted several pain clinics in the area and that they required either payment as treatment was provided or a guarantee of payment in order to attend. The employer, a limited partnership, is owned by various entities located in the state of Ohio and is no longer doing business in the state of Idaho. He also stated that Jarvis currently had a case pending in Madison County, Idaho, against the employer and its owners, that he estimated it would take four to six months to obtain a judgment, and that Jarvis would then have to attempt to enforce the judgment in Ohio. The Commission denied Jarvis' request for an extension of time.
In denying the request for an extension of time, the Commission stated that it had ordered the employer, not Jarvis, to pay for the inpatient treatment, that she was only required to enroll in the treatment facility, and that if the treatment provider required any payment up front and the employer failed or refused to pay, she could request an extension of the deadline.
Jarvis has not raised any objection to attending the inpatient treatment other than her inability to pay for that treatment. In its order, as clarified when denying the requested extension, the Commission did not require Jarvis to pay or incu
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