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McGee v. Lumber12/22/2000
Coeur d'Alene, September 2000 Term
2000 Opinion No. 132
Frederick C. Lyon, Clerk
Appeal from the Industrial Commission, State of Idaho. The order of the Industrial Commission is affirmed.
Verby Law Office, Sandpoint, for appellant. Steven C. Verby argued. E. Scott Harmon, Boise, for respondents.
Richard McGee appeals from an order of the Industrial Commission finding that his January 1992 injury reached medical stability in March of 1992, that McGee experienced additional non-compensable episodes of increased pain in May and July 1994, and that neither of McGee's former employers were responsible for benefits dating back to May of 1994 because McGee did not suffer from an industrial accident.
I. FACTS AND PROCEDURAL HISTORY
The claimant, Richard McGee, began employment with John Erdman Logging (Erdman) in January of 1988 as a skidder operator. He continued employment with Erdman until July 1991, when he left Erdman's employment for personal reasons. While employed at Erdman, McGee was exposed to excessive body vibration while performing work as a skidder operator.
McGee went to work for J.D. Lumber (J.D.) in August of 1991. On January 20, 1992, McGee was working as a bander. On that day, McGee suffered an injury to his lower back when he slipped and fell on an icy snow ramp while exiting a lumber car. McGee was twenty-eight years old at the time of this accident.
Dr. Fowler, the company physician for J.D., treated McGee for this injury and diagnosed strain/sprain of the lumbosacral spine. Dr. Fowler treated McGee with a short period of bed rest and prescription medication. The results of an MRI conducted in February 1992 indicated a mildly bulging disc at L5-S1 which minimally deformed the "thecal sac" and caused slight posterior displacement of the S1 nerve root. Mild degenerative disease in the facets throughout the lower lumbar spine was also found.
In February 1992, McGee returned to work in a light duty position at J.D. and on March 12, 1992, McGee obtained a complete work release from Dr. Fowler. McGee told Dr. Fowler in his March visit that he wanted a complete release and was in no pain. McGee continued to work at J.D., but claims that the entire time he worked there, he experienced intermittent problems with his lower back. In spite of these problems, McGee did not seek additional medical treatment.
McGee terminated his employment with J.D. on May 20, 1993, and immediately thereafter returned to work for Erdman as a skidder operator. Operation of the skidder required McGee to sit in a twisted position and to remain on the skidder throughout the work day.
On the morning of May 4, 1994, McGee woke up experiencing extreme back pain and subsequently sought treatment for his lower back. This was the first time since 1992 that McGee had sought treatment. On July 8, 1994, McGee experienced further back symptoms while walking from his truck to the skidder. Following these episodes, McGee did not return to work and has not worked since 1994.
McGee attempted suicide in July of 1996. He developed vertigo and headaches in October of 1996, and was experiencing daily headaches to some degree by December of 1997. McGee was diagnosed in September of 1998 with severe depression and adjustment problems.
McGee filed two workers' compensation complaints on February 16, 1995. Both complaints requested benefits for total temporary disability, permanent partial impairment, permanent partial disability, and medical benefits. J.D. and Liberty Northwest Insurance Company were named as the employer/insurer in one complaint. The cause of t
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