Gary Brown v. The Home Depot

Summary

The Idaho Supreme Court reviewed an Industrial Commission decision concerning Gary Brown’s claim for permanent and total workers’ compensation disability benefits. The court held that the relevant labor market for evaluating nonmedical disability factors and odd-lot status is generally the labor market at the time of the disability hearing, not when maximum medical improvement was reached. The court vacated the Commission’s decision and remanded for further proceedings.

Holdings

1. The relevant labor market for evaluating nonmedical disability factors and determining odd-lot-worker status is the labor market existing at the time of the disability hearing, not necessarily the labor market at the time the claimant reached maximum medical improvement.
2. The Court would not direct the Commission to find Brown 100 percent disabled or award increased benefits because the Commission, rather than the appellate court, must evaluate the evidence and determine the disability percentage.

Questions Presented

1. Whether the Industrial Commission must evaluate a claimant's access to the relevant labor market as of the date of maximum medical improvement or as of the date of the disability hearing.
2. Whether the Supreme Court should direct the Commission to find Brown permanently and totally disabled or increase his disability award based on vocational expert Douglas Crum's testimony.

Disposition

vacated