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MORTIMER v. RIVIERA APARTMENTS

No. 19425.

840 P.2d 383 (1992)

122 Idaho 839

Lynn MORTIMER, Claimant-Appellant-Cross Respondent, v. RIVIERA APARTMENTS, Employer, Defendant-Respondent-Cross Appellant.

Supreme Court of Idaho, Idaho Falls, May 1992 Term.

October 22, 1992.

Attorney(s) appearing for the Case

Anderson, Pike & Bush, P.A., Idaho Falls, for appellant-cross respondent. Joel E. Tingey argued.

Thomsen & Stephens, Idaho Falls, for respondent-cross appellant. Alan C. Stephens argued.

BISTLINE, Justice.

Claimant Lynn Mortimer ("Mortimer") was seriously and permanently injured when he fell off the roof of a garage at the Riviera Apartment Complex in Idaho Falls. The Industrial Commission determined Mortimer was entitled to worker's compensation. We affirm in part and remand for reconsideration in part.

BACKGROUND

Riviera Apartments ("Riviera") is an apartment complex owned by Dean Mortimer (Claimant Lynn Mortimer's brother), Marshall...

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