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SMITH v. O/P TRANSP., INC.

No. 18521.

814 P.2d 23 (1991)

120 Idaho 123

Billy Joe SMITH, Claimant-Appellant, v. O/P TRANSPORTATION, INC., Employer, Kayle Hobbs, Employer, Boise Truck Dispatch, Employer, and Employee Benefits Insurance Company, Surety, Defendants-Respondents.

Supreme Court of Idaho, Boise, February 1991 Term.

June 25, 1991.

Attorney(s) appearing for the Case

Cosho, Humphrey, Greener & Welsh, Boise, for appellant. Robert W. Talboy (argued).

Quane, Smith, Howard & Hull, Boise, for respondents. Alan K. Hull (argued).

JOHNSON, Justice.

This is a workers' compensation case. The only issue presented is whether the Industrial Commission has subject matter jurisdiction to decide whether an insurance company is the workers' compensation surety of an employer. We hold that the Commission has this jurisdiction.

I.

THE BACKGROUND AND PRIOR PROCEEDINGS.

Billy Joe Smith was hired by Boise Truck Dispatch, Inc. (Boise Truck) in July, 1983. Boise Truck was an agent...

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