Gooby v. Lake Shore Management Co.

Summary

The Supreme Court of Idaho affirmed the Industrial Commission’s findings that Barbara Gooby was not totally and permanently disabled under the odd-lot doctrine and that she had a 10% whole-person permanent partial disability. The court held that Gooby did not establish a failed work attempt or show that a job search would have been futile. It vacated the Commission’s denial of attorney fees and remanded that issue for further consideration.

Holdings

1. A claimant cannot establish a prima facie case of odd-lot disability merely by showing that she could not continue performing the job held at the time of injury; she must show that she attempted other types of employment without success, searched for other work without finding it, or that a job search would have been futile. Because Gooby presented no evidence that she unsuccessfully attempted another type of employment, the Commission did not need to remand for a specific finding on failed work attempt.
2. The Industrial Commission's findings that Gooby had a 10% permanent partial disability and had not proved total and permanent disability or odd-lot status were supported by substantial and competent evidence.
3. The denial of attorney fees had to be vacated because the Commission failed to address whether the State Insurance Fund unreasonably discontinued payment for Gooby's pain medications. The obligation to provide necessary medical care is separate from the obligation to pay temporary disability benefits, and unreasonable refusal to pay medical care may support attorney fees under Idaho Code section 72-804.

Questions Presented

1. Whether the Industrial Commission erred by failing to specifically address whether Gooby had demonstrated a failed work attempt under the odd-lot doctrine.
2. Whether the Commission's findings concerning Gooby's disability and employability were supported by substantial and competent evidence.
3. Whether Gooby was entitled to attorney fees because the State Insurance Fund allegedly unreasonably stopped paying for her pain medications.

Disposition

vacated