The Idaho Supreme Court ruled that the Industrial Commission erred in evaluating an injured plumber’s disability when he reached maximum medical improvement instead of when his hearing was held, as substantial weight gain had worsened his condition.

Daniel Sharp injured his back while working as a plumber for Thomas Brothers Plumbing in 2015. Mr. Sharp, at 5 feet 6 and 250 pounds, was considered obese at the time of his accident, according to Sharp v. Thomas Brothers Plumbing, filed in Boise on May 18.

The day after his accident, Sharp was diagnosed with a large vertebral disc herniation and referred to a neurosurgeon, who found that the herniation was causing early symptoms of cauda equina syndrome, a condition that can cause permanent paralysis.

That doctor recommended immediate surgery. Following surgery, Mr. Sharp complained of persisting pain in his legs and lower back. The doctor had advised Mr. Sharp that he needed to lose weight to avoid complications, but he had gained weight in the intervening months instead.

Mr. Sharp began physical therapy shortly after his surgery and was examined and treated by several providers over the following months. All providers expressed concern about Mr. Sharp's obesity and recommended he lose weight. In the years that followed, his weight increased to 262 pounds, as did his impairment and significant work restrictions as a result. Two vocational rehabilitation experts agreed that Mr. Sharp was totally disabled under the 2019 work restrictions, when he weighed the most.

The Industrial Commission found that Thomas Brothers was liable for certain unpaid medical expenses, but not for dietician services to help Mr. Sharp lose weight. It also found Mr. Sharp's post-accident weight gain was a change in condition not caused by his industrial accident, which decreased his functional ability and resulted in more work restrictions.

The Idaho Supreme Court found that the commission erred by failing to evaluate Mr. Sharp's disability at the time of the hearing and applied an incorrect standard for determining when an employer is relieved of liability for the aggravation of a compensable injury or a related secondary injury.

The court said employer liability extends to the secondary consequences of compensable injuries, and there was “no question that the full extent of Sharp's injury and resulting disability are causally connected to his work accident.”

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