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Vassar v. J.R. Simplot Co.6/29/2000
"ability to engage in gainful activity" as used in § 72-425 are synonymous. Furthermore, the mathematical precision of § 72-419 is seemingly inconsistent with the subjective analysis required under § 72-425 and the prior decisions of this Court. See, e.g., Bennett, supra; Loya, supra. ("We agree with the Commission's interpretation of I.C. § 72-419(9) as applying only to the computation of a claimant's average weekly wage, and not to the evaluation of a claimant's permanent disability under I.C. § 72-425."). Section 72-419 is used to calculate the rate at which income benefits are paid, which is better suited to mathematical calculation. When evaluating a claimant's permanent physical disability, the Commission is required to consider the factors articulated in § 72-425 and cannot rely solely upon mathematical calculation.
As required by § 72-425, the Commission considered both medical and pertinent non-medical factors in determining the effect of Vassar's industrial injury upon her ability to engage in gainful activity. We hold that the Commission's determination is supported by substantial and competent evidence.
CONCLUSION
The Industrial Commission's decision is affirmed. Costs to the respondent; no attorney fees are awarded.
Chief Justice TROUT and Justices SCHROEDER and KIDWELL, CONCUR.
Justice SILAK sat at oral argument but did not participate in the opinion.
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