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Spivey v. Novartis Seed Inc.3/19/2002
ot Co., 105 Idaho 102, 104, 666 P.2d 629, 631 (1983).
In this claim, Spivey pointed to one specific incident that occurred on October 28, 1997, resulting in her injury . While reaching across the conveyor belt to remove a bad seed, she felt a pop followed by burning in the top of her right shoulder. An important point is that she was the only employee at that end of the conveyor belt; she testified that she was reaching to the middle of the belt when she heard the pop. That day, she experienced pain and was unable to lift her arm up to the back of her head. She reported the incident on October 29, 1997, and was told that if the pain became intolerable, Novartis would send her to a doctor. She continued working with continuous and increasing pain in her right shoulder. On or about January 21, 1998, Spivey requested medical care and was diagnosed with a rotator cuff tear.
The damage resulting from reaching across the belt meets the definition of an accident as defined by I.C. ยง 72-102(17)(b). It was an unexpected, unlooked for mishap resulting from her employment. The pop, burning, and subsequent pain can be reasonably located in time and place to the specific reaching incident that occurred on October 28, 1997. Spivey's rotator cuff tear meets the statutory definition of an injury --it was personal to her and was caused by an accident in the course of her employment. Dr. Botimer's testimony and Dr. Nicola's testimony on cross-examination establish that Spivey's injury was either caused by her reaching across the conveyor belt, or at a minimum, aggravated her shoulder causing the tear. There is substantial and competent evidence in the form of Spivey's testimony, doctors' testimony, and medical proof to support the Commission's findings.
B. The Commission Properly Refused To Utilize A Greater Risk Analysis Within The Context Of Accident/Injury Cases.
Appellants additionally urge that the Commission erred in its refusal to utilize a greater risk analysis in this case when determining whether the respondent was entitled to benefits. The appellants cite to Wells v. Robinson Constr. Co., 52 Idaho 562, 16 P.2d 1059 (1932), for the proposition that to receive benefits, the claimant must establish that her employment placed her at a greater risk for injury than did her daily activities. They argue that the testimony of Drs. Botimer and Nicola support their position that Spivey could have sustained her injury performing any one of her daily activities. Because her job did not place her at greater risk for injury than her daily routine, appellants contend that there is not substantial and competent evidence to support the Commission's findings.
The Commission's refusal to utilize a greater risk analysis in reaching its holding was proper. The statutory language is clear on its face as to what is required of a claimant seeking compensation for an injury sustained during an accident that arose out of and in the course of employment.
Much of the appellants' argument is based on Wells, a case that was subsequently overruled by this Court in Mayo v. Safeway Stores, Inc., 93 Idaho 161, 457 P.2d 400 (1969). In Wells, the employee was killed after being struck by lightening while working at the job site. In denying death benefits to Wells' widow, this Court stated that to be awarded compensation, a causal connection between the accident and employment must be established. Wells, 52 Idaho at 566, 16 P.2d at 1061. It further stated that if the worker's risk of being exposed to a hazard resulting in injury was greater than or unique to "other persons of the same locality," then the accident would be seen as arising out of and in the course of employment. If the risk
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