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HARTLEY v. MILLER-STEPHAN

Nos. 14670, 14721.

692 P.2d 332 (1984)

107 Idaho 688

Keith HARTLEY, Claimant-Respondent, v. MILLER-STEPHAN, Employer, and Truck Insurance Exchange, Surety, Defendants-Respondents, and State of Idaho, Industrial Special Indemnity Fund, Defendant-Appellant.

Supreme Court of Idaho.

Rehearing Denied December 31, 1984.

Attorney(s) appearing for the Case

Paul S. Penland, of Parkinson, Lojek & Penland, Chartered, Boise, for defendant-appellant.

Ryan Peter Armbruster and William James Batt, of Elam, Burke, Evans, Boyd & Koontz, Allen B. Ellis and Max M. Sheils, Jr., of Ellis, Brown, Sheils & Steele, Boise, for defendants-respondents.

ON DENIAL OF PETITION FOR REHEARING

1984 OPINION NO. 96, ISSUED JULY 25, 1984, IS HEREBY WITHDRAWN AND THIS OPINION IS SUBSTITUTED THEREFOR.

SHEPARD, Justice.

Claimant Hartley sustained a knee injury while working for the employer herein, Miller-Stephan. Claimant had previously had knee problems, which allegedly constituted a preexisting permanent physical impairment under I.C. § 72-332, so the State of Idaho, Industrial Special Indemnity Fund...

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