Rodriguez v. Consolidated Farms, LLC

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Appellants, Consolidated Farms LLC, dba Elk Mountain Farms (“Employer”), and Indemnity Insurance Company of North America, appealed an Idaho Industrial Commission’s finding that Respondent Rodrigo Rodriguez was totally and permanently disabled under the odd-lot doctrine. In addition to his work for the Employer’s farm in irrigation, Rodriguez also helped operate and maintain the machinery used in the harvesting process. Rodriguez, who was right handed, was attempting to clear dirt and other debris from a conveyor belt using a cutting hook. As Rodriguez reached into the machine, the conveyor belt sped up, catching his arm. The machine crushed Rodriguez’s right hand and forearm, breaking numerous bones and causing extensive damage to his nerves and tendons. Following his injury, Rodriguez underwent six surgeries and extensive physical therapy in order to regain limited use of his arm. Rodriguez’s employment was seasonal. Each year he was required to sign a waiver acknowledging that his employment was “Temporary” rather than “Permanent” and that his employment would end at the conclusion of the growing season. For 21 years Rodriguez was rehired by Employer at the beginning of each season. For many of these seasons he was part of the “Core Group” of employees. Rodriguez filed a disability/medical benefits workers compensation complaint with the Idaho Industrial Commission. The Commission issued its findings of fact, conclusions of law, and order. It concluded that Rodriguez had suffered a disability of 57% whole person and was permanently disabled under the futility prong of the odd-lot doctrine. The Employer appealed. Finding no reversible error in the Commission’s decision, the Supreme Court affirmed. View "Rodriguez v. Consolidated Farms, LLC" on Justia Law