Callantine v. Blue Ribbon Linen Supply
Cases that cite this one
12 later published cases cite this decision.
- Cutsinger v. Spears Manufacturing Co. (Idaho 2002)
- Nelson v. Pumnea (Idaho 1983)
- Neufeld v. Browning Ferris Industries (Idaho 1985)
- Ball v. Daw Forest Products Co. (Idaho 2001)
- Seamans v. Maaco Auto Painting & Bodyworks (Idaho 1996)
- Evans v. Hara's, Inc. (Idaho 1993)
- Darner v. Southeast Idaho In-Home Services (Idaho 1992)
- Morgan v. Columbia Helicopters, Inc. (Idaho 1990)
- Basin Land Irrigation Co. v. Hat Butte Canal Co. (Idaho 1988)
- Vernon v. Omark Industries (Idaho 1987)
- Sargent v. Co-Ad, Inc. (Idaho 1998)
- Raugust v. Diamond International Corp. (Idaho 1984)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Claimant brought action for temporary total disability compensation and for medical expenses. The Industrial Commission entered findings of fact, conclusions of law, and an order denying coverage.
The issue before the Commission was whether, as per the testimony of claimants, her disability of “thoracic outlet syndrome” was caused by incidents she alleged occurred on the job on December 12 and December 18, 1981, or whether the syndrome was a condition which predated her employment with Blue Ribbon Linen Supply.
There was conflicting testimony as to whether the first incident ever occurred, and as to whether the second incident could cause the syndrome.
Expert medical testimony presented by claimant related the injury to the incidents, but the employer’s medical expert related the syndrome solely to the pre-existing condition. The Commission found that claimant’s condition was neither caused by nor aggravated by the alleged incidents.
A claimant in a workmen’s compensation cause has the burden of proving *735 compensable disablement, caused by an accident arising out of and in the course of his employment. His proof must establish a probable, not merely a possible, connection between cause and effect to support his contention that he suffered a compensable accident. Kern v. Shark, 94 Idaho 69, 71, 480 P.2d 915 (1971); Davenport v. Big Tom Breeder Farms, Inc., 85 Idaho 604, 382 P.2d 762 (1963). The Industrial Commission in the case at bar held that the burden had not been met.
The Industrial Commission is the arbitrator of conflicting evidence, and if the Commission’s determination is supported by substantial and competent, though conflicting, evidence, it will not be disturbed on appeal. Hamby v. Simplot Co., 94 Idaho 794, 498 P.2d 1267 (1972); Lampe v. Zamzow’s, Inc., 626 P.2d 782, 102 Idaho 126 (1981); Logsdon v. Northern Iron & Metals Co., 608 P.2d 877, 101 Idaho 74 (1980).
There is ample evidence in the record to support the finding of the Industrial Commission and we find no error. The order of the Industrial Commission is affirmed.
Costs to respondents. No attorney fees allowed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.