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Page v. McCain Foods2/17/2005
2005 Opinion No. 21
The order of the Commission is reversed and remanded.
This is an appeal seeking reversal of an order of the Idaho Industrial Commission. The claimant alleged an injury caused by standing from a sitting position. Following hearing, the Commission found in favor of the employer and denied the claim for benefits. There are two primary issues: 1) whether the claimant gave proper notice of the accident or the employer had sufficient knowledge of the injury; and 2) whether standing from a seated position constitutes an "accident" under the Idaho workers' compensation law. We reverse and remand.
I. FACTUAL AND PROCEDURAL BACKGROUND
Verdene Page (Page) was employed with McCain Foods, Inc. (McCain). The record discloses that prior to the date of alleged injury, Page had been seeing a chiropractor for leg and back pain. On August 17, 2001, Page felt her left knee "grab" and experienced pain in the knee as she rose from a chair in the break room at work. She rubbed the knee and the pain went away. A couple hours later, Page was seated at a table engaged in doing a "key report." She rose from her seat, her left leg "grabbed" again and she experienced pain in her knee. Other employees heard Page cry out in pain, but did not witness the incident. Page telephoned her supervisor to inform him that her knee had locked up when standing from a chair and she needed to leave work. Page did not tell her supervisor she had experienced an "accident," because she did not consider the event to be an accident. Page left work and sought treatment at a local emergency room. Page never gave McCain written notice of her injury.
Eventually, Page filed a claim for workers' compensation benefits. The matter was submitted to a referee. After taking evidence, the referee found that, although Page had not told her supervisor she had an "accident," she had given oral notice of the event and McCain had actual notice of the occurrence. Therefore, McCain had the opportunity to investigate, but did not. The referee found that Page suffered an injury arising from an accident and recommended certain benefits.
The Idaho Industrial Commission held differently, however. In a 2-1 opinion, the Commission concluded that Page did not suffer an "accident" when merely arising from a chair at work. Additionally, the Commission concluded that Page did not give notice as required by statute, McCain did not have actual knowledge of the accident, McCain was prejudiced by the lack of proper notice and such prejudice was a bar to Page's claim for benefits. The dissenting commissioner would have adopted the referee's findings and conclusions. Page timely appeals to this Court.
II. STANDARD OF REVIEW
The Commission's findings of fact will be upheld if supported by substantial, competent evidence. Jensen v. City of Pocatello, 135 Idaho 406, 412, 18 P.3d 211, 217 (2000). "Substantial evidence is more than a scintilla of proof, but less than a preponderance. It is relevant evidence that a reasonable mind might accept to support a conclusion." Id. (citing Zapata v. J.R. Simplot Co., 132 Idaho 513, 515, 975 P.2d 1178, 1180 (1999)). This Court will not "re-weigh the evidence or consider whether it would have reached a different conclusion from the evidence presented." Id. at 409, 18 P.3d at 214 (citing Warden v. Idaho Timber Corp., 132 Idaho 454, 457, 974 P.2d 506, 509 (1999)).
This Court freely reviews the Commission's conclusions of law. Hamilton ex rel. Hamilton v. Reeder Flying Serv., 135 Idaho 568, 571, 21 P.3d 890, 893 (2001) (citing Taylor v. Soran Rest., Inc., 131 Idaho 525, 527, 960 P.2d 1254, 1256 (1998)).
Brewer v.
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