MADISON v. J.I. MORGAN, INC.

No. 16895.

765 P.2d 652 (1988)

115 Idaho 141

Lowell MADISON, Claimant-respondent, v. J.I. MORGAN, INC., Employer; and Workmen's Compensation Exchange, Surety, Defendants-appellants, and State of Idaho, Industrial Special Indemnity Fund, Defendant.

Supreme Court of Idaho.

Dissent on Denial of Rehearing December 30, 1988.


Attorney(s) appearing for the Case

Clements, Brown & McNichols, Lewiston, for defendants-appellants. Michael E. McNichols argued.

Goicoechea Law Office, Boise, for claimant-respondent. Lynn M. Luker argued.


BAKES, Justice.

Claimant Madison, a 60 year old logger of 32 years, was injured when a snag fell on him. After a hearing, an Industrial Commission referee found claimant to be an "odd lot" worker, concluding that he was totally and permanently disabled. The commission expressly adopted the referee's findings of fact and conclusions of law and ordered payment of claimant's disability benefits. Employer and surety appeal the commission's decision on several grounds...

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