Duane J. Ragan v. Kenaston Corporation

McDEVITT, Chief Justice I BACKGROUND AND PROCEDURE Ragan was a temporary construction worker, hired out of his union hall by Kenaston Corporation (Kenaston). The base wage of a worker hired out of Ragan's union hall was $13.72 per-hour. On smaller contracts, those costing less than twenty million dollars, employers were granted a twenty percent discount, resulting in a wage of $10.98 per-hour. The job for which Kenaston hired Ragan was one of the smaller jobs, and Ragan was earning $10.98 per-hour while employed by Kenaston. On his second day working for Kenaston, July 3, 1984, Ragan was carrying one end of a concrete slab when the workers carrying the other end of the slab dropped their end, jostling Ragan. Ragan felt a sharp tearing through his back and legs. Although Ragan finished work that day, he did not return to work after that day. Following the accident, Ragan complained of constant pain and stiffness in his neck, with a limited ability to move his head. Ragan also testified that he suffered a number of other physical symptoms, as well as some degree of mental disability that was exacerbated by the accident. At the compensation hearing, Ragan testified that, although he had some degree of trouble concentrating before the accident, the problem is ""very much worse now than then.""