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Spivey v. Novartis Seed Inc.3/19/2002
was not greater, then the accident would not be work-related and benefits would be denied.
In Mayo, a store manager was killed by a co-worker, who had no known personal or work-related problems with Mayo. In awarding benefits to Mayo's widow, this Court held that "when injury results from a neutral cause, a rebuttable presumption arises that the injury arose out of the employment. The burden is thus shifted to the employer to prove that the injury was caused by a factor personal to the employee." Mayo, 93 Idaho at 164, 457 P.2d at 403. It went on to hold that being struck by lightening while at work was a "neutral cause" and justified compensation, specifically overruling Wells.
In Kessler ex. Rel. Kessler v. Payette County, 129 Idaho 855, 934 P.2d 28 (1997), this Court again discussed the burden of proof necessary in an accident/injury case. This Court recognized that "when an injury occurs on an employer's premises, a presumption that the injury arose out of and in the course of employment arises." Id. at 859, 934 P.2d at 32. Further, an employee incurs an injury in the course of employment, "if the worker is doing the duty that the worker is employed to perform." Id. "An injury is considered to arise out of employment when a causal connection exists between the circumstances under which the work must be performed and the injury of which the claimant complains." Id. at 860, 934 P.2d at 33.
In this case, the appellants suggest a return to the rationale of Wells by requiring Spivey to prove that her job duties placed her at a greater risk for injury than that encountered by the general public performing the same physical motions. However, a greater risk analysis is no longer required of a claimant in light of Mayo and Kessler. Spivey provided substantial and competent evidence to allow the Commission to conclude that she had suffered a compensable injury. The burden was on the appellants to present evidence that showed the injury was personal to Spivey. However, even the appellants' medical expert testified on cross-examination that if Spivey had a pre-existing tear, her employment would have aggravated her condition. Though the appellants may have presented medical testimony that contradicted Spivey's evidence, the Commission's role is to weigh the evidence presented and resolve factual disputes. The Commission did so, and found in favor of the respondent. We affirm.
C. Spivey Is Entitled To Attorney Fees Under I.C. § 72-804.
The respondent requested attorney fees under I.C. § 72-804, pointing out that all the appellants have asked this Court to do is second-guess the Commission's factual findings. As such, Spivey argues the appellants' appeal is without reasonable grounds, justifying an award of attorney fees.
Idaho Code section 72-804 allows for the award of attorney fees if "the employer or surety contested a claim for compensation made by an injured employee . . . without reasonable ground . . . ." Appellants have suggested that the issue before this Court is a question of law, but it is clearly one of fact--whether substantial and competent evidence was presented to support the Commission's findings. "Attorney fees and costs are properly awarded when an appeal asks this Court to do nothing more than reweigh the evidence submitted to the Commission." Duncan, 134 Idaho at 204, 998 P.2d at 1117. We find that the respondent is entitled to attorney fees under I.C. § 72-804.
IV. CONCLUSION
The respondent, Spivey, met her burden by establishing that she sustained an injury that resulted from an accident that arose out of and in the course of her employment. A greater risk analysis is not required within the conte
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