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BURTON v. STATE, INDUS. SP. INDEM. FUND

No. 20669

875 P.2d 927 (1994)

125 Idaho 830

Christine BURTON, Claimant-Appellant, v. STATE of Idaho, INDUSTRIAL SPECIAL INDEMNITY FUND, Defendant-Respondent.

Supreme Court of Idaho, Pocatello, May 1994 Term.

June 6, 1994.

Attorney(s) appearing for the Case

Goicoechea Law Offices, Chtd., Lewiston, for appellant. James C. Arnold argued.

Quane, Smith, Howard & Hull, Coeur D'Alene, for respondent. Carol B. Groover argued.

JOHNSON, Justice.

This is a workers' compensation case. The sole issue presented concerns the interpretation of rule XII(A) (the rule) of the Industrial Commission's judicial rules of practice and procedure (the judicial rules). We conclude that the rule does not permit the Commission to dismiss an application for hearing with prejudice where the claimant has moved for dismissal without prejudice.

I.

THE BACKGROUND AND PRIOR PROCEEDINGS.

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