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Cutsinger v. Spears Manufacturing Company6/28/2002
Court's holding in Wynn, noting:
What the Wynn case teaches as a matter of case law is only what we justices as ordinary individuals know by experience or from others, i.e., a person can injure his back, feel the pain to varying degrees, and yet not comprehend the severity of the injury until a much later time, perhaps occasioned by the increasing severity of the injury. 113 Idaho at 361, 744 P.2d at 89.
My analysis provides a practical application of the law to the reality of occupational diseases while promoting the goal of the Worker's Compensation Act-- helping workers injured on the job .
CONCLUSION
I find that a claimant pursuing recovery under an occupational disease theory is no longer required to prove that an "accident," as defined by this Court in Nelson, aggravated or accelerated a pre-existing condition or disease. The more rational interpretation of the "accident" requirement set forth in my dissent furthers the legislative intent of the Worker's Compensation Act. Therefore, I would find that the Commission erred in its determination that "occupational disease" was a moot issue, since Cutsinger did not satisfy the specific accident requirement set forth in Nelson, and would remand this case for further proceedings consistent with my analysis.
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