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HOYE v. DAW FOREST PRODUCTS, INC.

No. 20267.

873 P.2d 836 (1994)

125 Idaho 582

Ronald Raymond HOYE, Jr., Claimant-Respondent-Cross-Appellant, v. DAW FOREST PRODUCTS, INC., employer and Liberty Northwest Insurance Corporation, surety, Defendants-Appellants-Cross-Respondents, and State of Idaho Industrial Special Indemnity Fund, Defendant.

Supreme Court of Idaho, Boise, January 1994 Term.

Rehearing Denied June 3, 1994.

Attorney(s) appearing for the Case

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

Louis Garbrecht, Coeur d' Alene, for respondent-cross-appellant.

JOHNSON, Justice.

This is a workers' compensation case. We conclude that there is substantial and competent evidence to support the Industrial Commission's following findings: (1) the worker is totally and permanently disabled under the odd-lot doctrine; and (2) the worker's preexisting physical impairment did not constitute a subjective hindrance to employment, one of the elements for apportioning some of the liability to the Industrial Special Indemnity Fund (ISIF...

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