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SMITH v. O/P TRANSP.

No. 21373.

918 P.2d 281 (1996)

128 Idaho 697

Billy Joe SMITH, Claimant-Appellant, v. O/P TRANSPORTATION, Employer, Boise Supply/Kayle & Marlene Hobbs, Employer, Indiana Truck Lines, Employer, and Employee Benefits Insurance Companies, Surety, Defendants-Respondents.

Supreme Court of Idaho, Boise, December 1995 Term.

June 18, 1996.

Attorney(s) appearing for the Case

Cosho, Humphrey, Greener & Welsh, Boise, for appellant. Fredric V. Shoemaker argued.

Quane, Smith, Howard & Hull, Boise, for respondents. W. Scott Wigle argued.

SILAK, Justice.

This is an appeal from a decision of the Industrial Commission finding that Idaho's cancellation requirement of sixty days notice was not applicable to a former worker's compensation surety of Billy Joe Smith's (Smith) statutory employer. The Commission determined that the policy was not "issued against liability arising under" the Idaho worker's compensation law, but rather was issued against liability arising under Oregon's worker's compensation...

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