Fowble v. Snoline Express, Inc., 146 Idaho 70

Summary

The Idaho Supreme Court affirmed the Industrial Commission's determination that Perry Joe Fowble was totally and permanently disabled as an odd-lot worker following a 2003 workplace injury. The court held that substantial and competent evidence supported the findings that the injury medically contributed to his disability and that he was not already an odd-lot worker before the injury, thereby supporting liability of the Idaho Industrial Special Indemnity Fund. The court denied attorney's fees but awarded costs to Fowble.

Holdings

1. The Commission's finding that Fowble met his medical burden of proof was supported by substantial and competent evidence and was not clearly erroneous.
2. The Commission's finding that Fowble was not an odd-lot worker before the 2003 accident was supported by substantial and competent evidence and was not clearly erroneous.
3. A worker's return to employment that is unsuitable does not, by itself, establish that the worker was already an odd-lot worker; the proponent must show that the return required a superhuman effort or otherwise prove odd-lot status under the governing doctrine.
4. Fowble was not entitled to attorney's fees because the appeal was not so unreasonable as to warrant sanctions under Idaho Appellate Rule 11.1.

Questions Presented

1. Whether the Industrial Commission's finding that Fowble satisfied his medical burden of proof was clearly erroneous.
2. Whether the Industrial Commission's finding that Fowble was not an odd-lot worker before the 2003 accident was clearly erroneous.
3. Whether Fowble was entitled to attorney's fees under Idaho Appellate Rule 11.1.

Disposition

affirmed