Ford v. Bonner County School District

DONALDSON, Chief Justice.

This is an appeal from an order of the Industrial Commission which awarded claimant unreimbursed medical expenses and income benefits for partial temporary and permanent disability.

The facts of this case, which are not in dispute, are as follows. Claimant Charles Ford was a Coeur d’Alene businessman and television shop owner as well as a part time football and basketball official and a dues paying member of the North Idaho Officials’ Association for twenty years. On October 25,1974, Ford was assigned to referee the football game between Lewiston and Sandpoint high schools, and had been paid by Bonner County School District for his officiating duties prior to the game. Shortly after the game started, Ford was injured on the playing field when he became trapped in a play and was accidently struck by one of the players. He sustained a crushing injury to his left knee.

Ford was disabled for approximately 13 weeks. Though he was able to travel to and from his television repair shop, he was basically disabled for his usual and ordinary work during that period. Ford filed a *321workmen’s compensation claim against Bonner County School and its surety, State Insurance Fund, shortly thereafter. A hearing was held before the Industrial Commission on November 20, 1975, during which the claimant presented evidence relating to his injury.

Following a lapse of several years during which neither party took any further evidence on the matter, the Industrial Commission made its findings of fact and conclusions of law on February 12, 1979. The Commission concluded that the claimant was acting as an employee of the school district at the time of his injury since he was paid by the defendant district and since the local coach had the right through the rating system established by the North Idaho Officials’ Association to reject the claimant as an official. Further, the scheduling of the time and place of the game was outside the control of the claimant. Under the holding of Ledesma v. Bergeson, 99 Idaho 555, 585 P.2d 965 (1978), the Commission determined that the general test establishing the employer-employee relationship was met since the employer had the right to control and direct the activities of the claimant.

On this basis, the Commission awarded Ford income benefits for partial permanent and temporary disability, as well as unreimbursed medical expenses, totalling $8,902.94. The school district moved for a reconsideration of the decision, arguing that Ford was not entitled to workmen’s compensation benefits because he was not an “employee” of the district. Following denial of its motion, the school district filed its appeal to this Court. Upon reviewing the record, we affirm the decision of the Industrial Commission.

On appeal, this Court may only set aside the award of the Industrial Commission when the findings of fact clearly do not, as a matter of law, support the award. I.C. § 72-732(4); Beutler v. MacGregor Triangle Co., 85 Idaho 415, 419, 380 P.2d 1, 3 (1963). Where the Commission’s findings are supported by substantial and competent evidence, they will be sustained on appeal. Murray v. Hecla Mining Co., 98 Idaho 688, 690, 571 P.2d 334, 336 (1977).

Here, the Industrial Commission heard the testimony of Ford regarding the nature of his injuries and the nature of his duties as an officiating referee. As a result of this testimony, the Commission found that claimant and others who desired to become officials had to pay dues and pass examinations to establish their competence. Claimant was assigned to officiate a particular game several weeks in advance and could not refuse an assignment unless he had good cause. Assignments were determined by the commissioner for the high schools in the North Idaho District of the Idaho High School Activities Association, and the commissioner was paid by the member schools themselves. A school which accepted the claimant as an official for one of its games paid him in advance and often paid his travel expenses as well. If a school did not desire the claimant as a referee the local coach had the right, through the rating system established by the North Idaho Officials’ Association, to reject the claimant for that school.

While the Commission found that all officials, including claimant, furnished their own uniform, shoes and whistle, the costs of such equipment were minimal in comparison to the playing field, stands, yard markers, and other equipment provided by the school. Prior to the game, the school was in control of the field and was responsible for claimant’s safety. While the game was in progress, the claimant had responsibility for the game. Finally, the claimant believed that the school could relieve him of his duties for misconduct, such as arriving at the game to officiate after consuming alcohol.

Based on these findings, the Commission concluded that claimant was acting as an employee of the school district at the time of his injury. Because Ford had been paid in advance by the school district, because the local coach had the right to reject the claimant as an official through the rating system, and because the claimant had no control over the scheduling of the time *322and place for performance of his officiating duties, the school district had the right to control and direct the activities of Ford as an employee under the “right to control” test noted in Ledesma v. Bergeson, supra at 559, n. 2, 585 P.2d at 969, n. 2. Ford therefore qualified as an “employee” for purposes of the workmen’s compensation statutes.

Since the Commission’s findings were supported by substantial, competent evidence, they will not be set aside. Murray v. Hecla Mining Co., supra. We therefore affirm the order of the Industrial Commission awarding partial temporary and permanent disability benefits and medical compensation to the claimant.

Affirmed, with costs to respondent. No attorney fees allowed.

SHEPARD and BISTLINE, JJ., concur.