Rodriguez v. Consolidated Farms, LLC, 161 Idaho 735

Rodrigo Rodriguez, a long‑term seasonal hop farm laborer with a 5th‑grade education and limited English, suffered a severe crush injury to his dominant (right) hand/forearm while working for Consolidated Farms (Elk Mountain Farms) in 2010; he underwent six surgeries and extensive therapy.
Employer rehired Rodriguez seasonally for ~21 years; his duties included irrigation supervision and heavy manual tasks; Employer had previously indicated willingness to modify duties and provide coworker assistance.
Medical evaluations varied: Dr. Kraft released Rodriguez with restrictions and rated 62% upper‑body / 37% whole‑person disability; an FCE limited driving and use of the right arm; vocational experts disputed employability (one said 100% loss of market access; the other said 83% loss access).
Employer submitted a generic written job‑offer listing farm positions (e.g., Drip Operator, Grounds Maintenance) with no task breakdown or stated accommodations; Employer argued a modified/supervisory role was available.
The Idaho Industrial Commission found Rodriguez met the odd‑lot futility test for total/permanent disability and awarded benefits; Employer appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Rodriguez is totally and permanently disabled under the odd‑lot doctrine (futility prong)	Rodriguez: given age, education, severe dominant‑hand impairment, lifelong manual labor experience, and expert opinion, he is not regularly employable in any well‑known branch of the labor market	Employer: Dr. Kraft cleared him to work full days; vocational expert found some jobs in Boise; Employer offered a modified job and argued Rodriguez declined a viable return‑to‑work position	Court affirmed: substantial competent evidence supports a prima facie showing of futility; Employer failed to prove a type of suitable work regularly and continuously exists and failed to identify an actual suitable job within a reasonable distance

Lyons v. Industrial Special Indem. Fund, 98 Idaho 403, 565 P.2d 1360 (Idaho 1977) (defines odd‑lot doctrine and employer burden to show suitable work exists and is regularly available)
Carey v. Clearwater County Road Dept., 107 Idaho 109, 686 P.2d 54 (Idaho 1984) (futility prong may be established by lack of available sedentary work, inability to travel, lack of qualifications, and inability to work regularly)
Dumaw v. J.L. Norton Logging, 118 Idaho 150, 795 P.2d 312 (Idaho 1990) (upholds prima facie odd‑lot finding based on permanent impairment and nonmedical factors)
Tarbet v. J.R. Simplot Co., 151 Idaho 755, 264 P.3d 394 (Idaho 2011) (affirmed prima facie odd‑lot status where claimant’s skills were not transferable given restrictions)
Ogden v. Thompson, 128 Idaho 87, 910 P.2d 759 (Idaho 1996) (standard of review for Industrial Commission factual findings)
Zapata v. J.R. Simplot Co., 132 Idaho 513, 975 P.2d 1178 (Idaho 1998) (Commission credibility and weight findings will not be disturbed absent clear error)
Davaz v. Priest River Glass Co., Inc., 125 Idaho 333, 870 P.2d 1292 (Idaho 1994) ("reasonable distance" for job availability refers to claimant’s home at injury and at hearing)