Idaho's high court rules on worker's comp claim

SANDPOINT — The Idaho Supreme Court is rejecting a Ponderay woman’s appeal of a worker’s compensation ruling.

Su Warren was injured in 2007 when a motor vehicle struck a wall directly outside her accounting office in Kootenai County. Warren was propelled across the room at Williams & Parsons.

An MRI on her spine detected a moderately large disc herniation and a probable tear, according to court documents. Warren underwent surgery and her spine showed good stability and alignment six months later.

Warren went on to become the appointed clerk and treasurer for the city of Ponderay and was later examined by another physician who rated Warren’s permanent partial impairment at 5 percent as a result of the injury. Warren, court records indicate, disputed that finding contended that the rating should have been higher.

Warren filed a worker’s compensation complaint with the Idaho Industrial Commission in 2010 for injuries she sustained in the accident.

The commission ruled last year that Warren’s neck had been injured in the accident and was entitled to disability during the period of recovery, but was not permanently disabled or entitled to further medical care.

Warren moved for reconsideration but the commission denied the motion, prompting her to appeal to Idaho’s high court.

On appeal, Warren questioned whether the commission had enough evidence to conclude that she did not suffer permanent disability, among other issues.

Justice pro tem Jesse Walters ruled that the commission had substantial and competent evidence to justify its ruling. Walters pointed to a physician’s conclusion that Warren had a high-functioning intellect and had no significant deficits in memory, concentration multitasking or problem solving.

Walters further noted that Warren took a more complicated and demanding job with the city after the accident and also was able to hold down a second job at a local winery.

“The undisputed evidence shows that Warren’s capacity for gainful employment has not been reduced by her physical impairment, taken in conjunction with nonmedical factors,” Walters wrote in an 18-page opinion published on Nov. 6.