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Page v. McCain Foods2/17/2005
hat while the meniscus tear could have happened at any time, based on the "grabbing," pain and locking of the knee, the probability is that it happened at the time Page rose from the chair. Case law holds that doubts about an injury arising out of and in the course of employment are resolved in favor of the claimant. Dinius, 133 Idaho at 574, 990 P.2d at 740. Additionally, it is correct that prior to the date of injury Page had sought medical treatment for leg and back pain. The Commission made two findings on the prior treatment. Finding No. 3 states that Page sought treatment at a hospital in March 2001. However, the medical records did not disclose the location of the pain. Finding No. 4 states that subsequent treatment by a chiropractor focused on Page's left shin and right leg, but not her left knee. This Court defers to the Commission's findings if they are supported by substantial and competent evidence. Both of these findings are supported by the record.
C. An Award Of Attorney Fees On Appeal Is Left To The Commission
Idaho Code ยง 72-804 provides:
If the commission or any court before whom any proceedings are brought under this law determines that the employer or his surety contested a claim for compensation made by an injured employee or dependent of a deceased employee without reasonable ground, or that an employer or his surety neglected or refused within a reasonable time after receipt of a written claim for compensation to pay to the injured employee or his dependents the compensation provided by law, or without reasonable grounds discontinued payment of compensation as provided by law justly due and owing to the employee or his dependents, the employer shall pay reasonable attorney fees in addition to the compensation provided by this law. In all such cases the fees of attorneys employed by injured employees or their dependents shall be fixed by the commission.
Because the claim for benefits has not been resolved and remand to the Commission is necessary, the determination of whether McCain has contested Page's claim without reasonable ground, which would be the cause of this appeal, should be left to the discretion of the Commission. If the Commission finds in favor of Page and awards benefits, the Commission should determine if attorney fees based on this appeal should be awarded.
IV. CONCLUSION
The Commission erred in concluding that Page's claim for benefits was barred by her failure to give proper notice to her employer. The Commission erred in concluding that Page did not experience an "accident." Because there are issues the Commission has not addressed, this case is remanded to the Commission for further proceedings.
Chief Justice SCHROEDER and Justices EISMANN and BURDICK, CONCUR.
Justice TROUT, DISSENTING WITHOUT OPINION.
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