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OCHOA v. STATE, INDUS. SPEC. INDEM. FUND

No. 18089.

794 P.2d 1127 (1990)

118 Idaho 71

George V. OCHOA, Claimant-Appellant, v. STATE of Idaho, INDUSTRIAL SPECIAL INDEMNITY FUND, Defendant-Respondent.

Supreme Court of Idaho.

June 22, 1990.

Attorney(s) appearing for the Case

Lynn M. Luker (argued) Goicoechea Law Office, Boise, for claimant-appellant.

Jim Jones, Atty. Gen., William L. Mauk (argued), Boise, for defendant-respondent.

BOYLE, Justice.

In this worker's compensation case we are called upon to determine whether the escalator provisions of I.C. § 72-409 increase claimant's benefits at the end of the first fifty-two weeks or whether the increase due to a change in the average weekly state wage does not take effect until January 1 of the year following expiration of the first fifty-two weeks of benefits.

Claimant George Ochoa (hereafter "claimant") appeals from an order of...

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