from the Industrial Commission of the State of Idaho.
decision of the Industrial Commission is affirmed.
Goicoechea Law Offices, Lewiston, Attorneys for Appellant.
Michael T. Kessinger argued.
Gardner Law Office, Boise, Attorneys for Respondent. Michael
G. McPeek argued.
Nature of the Case
Moser appeals an Idaho Industrial Commission
("Commission") order on her petition for
declaratory ruling that considered whether an employer could
compel an injured worker to attend an Idaho Code section
72-433 medical examination without first establishing that
the worker is in the period of disability. The Commission
held that following the claim of an accident, injury, or
occupational disease, an employer may require a
claimant's attendance at such a medical examination. We
Factual and Procedural Background
October 9, 2016, Moser dislocated her right shoulder when she
lifted a 24-pack of soda while working as a cashier for
Rosauers Supermarkets, Inc. ("Rosauers"). Rosauers
accepted the claim even though Moser had a pre-existing
history of recurrent instability of her right shoulder. On
November 16, 2016, Moser underwent shoulder surgery. After
surgery, Moser continued to suffer from
"pseudosubluxation" and her surgeon, Dr. Adam
Jelenek, recommended she receive a second opinion from a
physician in Seattle. Rather than authorizing the request for
referral, Rosauers arranged for Moser to be evaluated by Dr.
Michael Ludwig who opined that Moser's shoulder
dislocation likely resulted from her pre-existing condition.
On September 8, 2017, Dr. Ludwig concluded that Moser had
returned to her pre-injury baseline and that she did not
require any further medical care. Moser was given an 11%
upper extremity impairment apportioned entirely to
Moser's documented pre-injury condition.
January 3, 2018, Moser filed a workers' compensation
complaint that raised these issues:
1. Entitlement to medical care;
2. Entitlement to temporary total disability;
3. Extent of permanent partial ...