Hamilton ex rel. Hamilton v. Reeder Flying Service, 135 Idaho 568

Summary

The Idaho Supreme Court affirmed the Industrial Commission’s determination that an agricultural crop-spraying pilot’s employment was exempt from workers’ compensation coverage under the pre-April 2000 version of Idaho Code § 72-212(9). The court deferred to the Commission’s longstanding interpretation that the exemption applied when the employer obtained the required insurance and Commission approval before the pilot’s death or injury. The court also denied the claimant’s request for attorney fees.

Holdings

1. The exemption applies when the employer obtains the requisite insurance and the Industrial Commission grants approval before the date of the pilot's death or injury; approval was not required before the pilot's first flight of the season under the statute as it then read.
2. Karen Hamilton was not entitled to attorney fees because she was not the prevailing party; independently, her failure to provide argument supporting the request would preclude recovery.

Questions Presented

1. Whether the Industrial Commission properly interpreted the pre-April 2000 version of Idaho Code section 72-212(9) to exempt an agricultural spray pilot from workers' compensation coverage when the employer obtained the required insurance before the pilot's injury or death and the Commission approved the coverage before that injury or death.
2. Whether Karen Hamilton was entitled to attorney fees on appeal.

Disposition

affirmed