The forest products industry is a critical part of Idaho’s economy, and those employed as loggers are vital to that industry. Logging is, of course, extremely strenuous – and sometimes literally back-breaking work.
It would be a reasonable assumption that someone who has suffered serious injuries to their back after years of working as a logger would qualify for workers’ compensation benefits. One logger, however, recently had to fight all the way to the Idaho Supreme Court to get those benefits.
A long history of back injuries
The man, who had spent most of his adult years in logging, first injured his back more than 30 years ago, suffering one herniated and one bulging disc. After surgery, he was given a 10% impairment rating.
In 2002, he suffered another back injury and was diagnosed with degenerative disc disease and other disc issues that warranted additional surgery. Over the next few years, scans showed more disc bulging and the failure of some injured discs to re-fuse. After yet more surgery, his impairment rating was raised to 27%.
After serious degeneration of his lumbar spine was diagnosed in multiple locations, the logger had more surgery in late 2019. His employer at that time, however, contested his workers’ comp claim, arguing that the specific injury the surgery was for was a preexisting condition.
The importance of determining that someone has an “occupational disease”
The Idaho Industrial Commission, which handles workers’ compensation for the state, determined that his latest injury was an “occupational disease” and eligible for workers’ comp under the coverage of his most recent employer, since he was working for them when last injured.
The decision was disputed, which is how it ended up before the state’s high court. The court ruled that the logger had proven that his back injuries were the result of his work over decades and not of aging, genetics or other causes.
Medical conditions that manifest or worsen as the result of years of stress and strain on the body or from doing the same type of movement repeatedly at work are among the most common types of work-related injuries. They can also be among the most difficult for workers to prove are related to their employment if a workers’ comp claim is contested. That’s one reason why having experienced legal guidance can make all the difference in getting the compensation that an injured worker deserves.