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DRAKE v. STATE, INDUS. SPEC. INDEM. FUND

No. 22112.

920 P.2d 397 (1996)

128 Idaho 880

Willis D. DRAKE, Claimant-Appellant, v. STATE of Idaho, INDUSTRIAL SPECIAL INDEMNITY FUND, Defendant-Respondent.

Supreme Court of Idaho, Coeur d'Alene, May 1996 Term.

July 25, 1996.

Attorney(s) appearing for the Case

Elsaesser, Jarzabek, Buchanan & Dressell, Sandpoint, for appellant.

Alan G. Lance, Attorney General; Carol B. Groover, Deputy Attorney General, Post Falls, for respondent.

SILAK, Justice.

The Industrial Special Indemnity Fund (ISIF) and Willis Drake (Drake) entered into a Lump Sum Settlement Agreement (Agreement) resolving, among other things, issues of apportionment regarding his total and permanent disability claim. A year and a half later, Drake petitioned the Commission for a determination as to the correct amount of compensation, alleging that the ISIF was paying below the agreed upon "statutory rate." The Commission dismissed...

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