Idaho Code Section 72-102(18)(b) defines an industrial accident as follows: “Accident” means an unexpected, undesigned, and unlooked for mishap, or untoward event, connected with the industry in which it occurs, and which can be reasonably located as to time when and place where it occurred, causing an injury”. You must be able to reasonably locate the time and place of your accident or you cannot claim that you had an Idaho Workers’ Compensation accident.
The only other type of Idaho Workers’ Compensation claim arises out of an occupational disease, which is defined by Idaho Code Section 72-102(22)(a) as follows: “Occupational disease” means a disease due to the nature of an employment in which the hazards of such disease actually exist, are characteristic of, and peculiar to the trade, occupation, process, or employment…” If you cannot fit your Idaho Workers’ Compensation accident within the definition of an accident or an occupational disease claim, you do not have a viable Idaho Workers’ Compensation claim.
This specific situation happened in the case of Vernon v. Omark Industries, 115 Idaho 486 (1989). In this case, Ms. Vernon was working for her employer, Omark Industries, making bullets. This job required her to lift trays of primers off of a cart and place them on a table. She testified at her deposition that her back condition occurred sometime between May 13th and May 23rd of 1983. She could not identify a specific incident as to time and place for her accident. Ms. Vernon found herself in a no-man’s land where the injury she suffered at work was not an accident nor was it an occupational disease. Her claim was denied by the State Insurance Fund, who was the workers’ compensation insurance company for her employer, Omark Industries. The Idaho Industrial Commission denied her claim and the Idaho Supreme Court affirmed or agreed with the Idaho Industrial Commission’s denial of her claim and Ms. Vernon received nothing as a result of filing her Idaho Workers’ Compensation claim. The take-away from this case is that most times you can identify a specific time and place for your accident. Make sure that when you report your claim you are able to do this. Also, make sure that you identify the same place and time for your accident with every health care provider you talk to. You need to be consistent. Otherwise, you could end up like Ms. Vernon and have your Idaho Worker’s Compensation claim denied.
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