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Cutsinger v. Spears Manufacturing Company6/28/2002
y would be held to a higher burden of proof to establish that an actual accident did occur. The distinguishing factors between Nelson and Carlson were noted by prior Courts. See Nelson, 126 Idaho at 133, 879 P.2d at 596 (J. Bistline and J. Silak, dissenting).
Also, it is noteworthy to mention that at the time Carlson was decided, it was much more difficult for a claimant to prove that an "accident" had occurred. At that time, "accident" was defined as " n unexpected, undesigned and unlooked for mishap, or untoward event, happening suddenly and connected with the industry in which it occurs, and which can be definitely located as to time when and place where it occurred, causing an injury, as defined in this law." Carlson, 69 Idaho at 458, 207 P.2d at 1024 (emphasis added). This language was subsequently altered so that a claimant need not establish that an accident "happened suddenly" and be "definitely located." I.C. ยง 72-102(17)(b).
Because of these significant factual differences, the Nelson majority misconstrued Carlson to support its limiting definition of what constitutes an "accident." b. Nycum v. Triangle Dairy Co.
The Nelson Court maintained that the claimant in Nycum v. Triangle Dairy Co., 109 Idaho 858, 712 P.2d 559 (1985), raised the same issue as that posed in Nelson. Nelson, 126 Idaho at 132, 879 P.2d at 595. Further, the Nelson Court found the following language utilized in Nycum to be significant: "In response to Nycum's claim this Court correctly stated that Idaho case law recognizes compensability for aggravation of an underlying disease, but only if such aggravation results from an industrial accident." Id.
I find that Nycum, like Carlson, did not provide an adequate foundation for this Court's decision in Nelson. A thorough examination of Nycum reveals that the primary issue in Nycum concerned causation, not whether Nycum was required to establish that an accident aggravated or accelerated his pre-existing condition.
The claimant in Nycum sought worker 's compensation benefits for a hand condition that he experienced after he began employment with Triangle Dairy. Id. at 859, 712 P.2d at 560. The claimant, who had been diabetic since the age of 11, worked as a route salesman for the dairy. Id. His job involved moving and lifting cartons of milk that weighed between 50 and 60 pounds. Id. Approximately six months after the claimant began work for the dairy, he noticed swelling and pain in his hands. Id. Nycum had been treated for a similar condition prior to his employment with Triangle. Id.
A hearing was held to determine whether Nycum suffered from an occupational disease. Id. at 860, 712 P.2d at 561. During the hearing, conflicting testimony was presented in regard to the cause of the claimant's flexor tenosynovitis. Id. One physician, Dr. Pica, testified that the hand problems "were work related, caused by repetitive trauma to the fingers (i.e., lifting milk cartons), and not related in any way to his diabetes." Id. Dr. Dega testified that the condition was causally related to the diabetes and was unrelated to Nycum's employment. Id.
The Commission denied the claimant benefits, finding that his condition was caused by his diabetes, not by his employment. Id. at 862, 712 P.2d at 563. Because causation could not be established, this Court affirmed the Commission's decision that Nycum did not suffer from an occupational disease. Id.
Next, this Court went on to note that Nycum had not properly raised the issue of whether Nycum's underlying disease had been aggravated by his employment in such a manner as to render him disabled. Id. at 862, 712 P.2d at 563. In what could only be described as dicta,
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