PECKHAM v. PRODUCER'S LUMBER CO.

Nos. 17173-17176.

778 P.2d 797 (1989)

116 Idaho 675

Glen PECKHAM, Claimant, v. PRODUCER'S LUMBER COMPANY, Employer, Defendant-Appellant, and State Insurance Fund, Surety, Defendant-Respondent, and Alaska Pacific Assurance Co., Argonaut-Northwest Insurance Company, Mission Insurance Company, and Lumbermen's Underwriters Alliance Insurance Company, Defendants-Appellants.

Supreme Court of Idaho.

August 11, 1989.


Attorney(s) appearing for the Case

Imhoff & Lynch, Boise, for appellant, Alaska Pacific Assur. Thomas P. Baskin, III, argued.

Hawley Troxell Ennis & Hawley, Boise, for appellant, Lumbermen's. Karen L. Lansing, argued.

Moffatt Thomas Barrett Rock & Field, Boise, for appellant, Argonaut. Michael G. McPeek, argued.

Quane, Smith, Howard & Hull, Boise, for employer-appellant, Producer's Lumber and appellant, Mission Insurance. Alan K. Hull, appeared.

Elam, Burke & Boyd, Boise, for respondent, State Ins. Fund. Robert M. Tyler, Jr., argued.


HUNTLEY, Justice.*

This interlocutory appeal raises an issue of first impression as to whether the last injurious exposure rule is mandated by I.C. § 72-437 and § 72-439 for the purpose of determining which of an employer's successive insurance carriers should be held liable for a worker's compensation claim, and in the alternative, if the last injurious exposure rule is not statutorily mandated, whether it should be judicially...

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