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SUND v. GAMBREL

No. 21262.

896 P.2d 329 (1995)

127 Idaho 3

F. James SUND, Claimant-Appellant, v. Floyd GAMBREL dba Green Seasons Lawn & Landscape, Employer, and Industrial Indemnity Company and Northwest National Casualty Company, Defendants-Respondents.

Supreme Court of Idaho, Twin Falls, March 1995 Term.

June 2, 1995.

Attorney(s) appearing for the Case

Kenneth L. Pedersen, Twin Falls, for appellant.

Hawley, Troxell, Ennis & Hawley, Boise, for respondent Indus. Indem. Kenneth C. Howell argued.

Bowen, Brassey, Gardner, Wetherell & Crawford, Boise, for respondent Northwest Nat. Cas. Eric S. Bailey argued.

TROUT, Justice.

James Sund appeals from a decision by the Industrial Commission (the Commission) finding that he suffered a five percent disability as a result of an industrial accident that occurred on September 4, 1989.

I.

BACKGROUND

On September 16, 1983, Sund suffered an acute lumbar disk herniation while working for Green Seasons Lawn and Landscape (Green Seasons). He was treated for this injury and evaluated by his physician, Dr....

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