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SHEPHERD v. STAR CEDAR SALES, INC.

No. 20103.

851 P.2d 980 (1993)

123 Idaho 684

Ricky R. SHEPHERD, Claimant-Respondent, v. STAR CEDAR SALES, INC., Employer and Liberty Northwest Insurance Corporation, Surety, Defendants-Appellants, and Industrial Special Indemnity Fund, Defendant.

Supreme Court of Idaho, Boise, February 1993 Term.

April 30, 1993.

Attorney(s) appearing for the Case

Eberle, Berlin, Kading, Turnbow & McKlveen, Chtd., Boise, ID, for defendants-appellants. Robert L. Berlin, argued.

Goicoechea Law Offices, Chtd., Boise, ID, for claimant-respondent. James C. Arnold, argued.

JOHNSON, Justice.

This is a workers' compensation case. We hold that there is substantial and competent evidence to support the Industrial Commission's finding that the claimant established a prima facie case that he is permanently and totally disabled under the odd-lot doctrine. Because the employer and the surety did not carry their burden to prove the claimant's employability, we affirm the Commission's award.

I.

THE BACKGROUND AND PRIOR PROCEEDINGS...

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