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ASARCO, INC. v. INDUSTRIAL SPECIAL INDEMNITY FUND

No. 21622.

908 P.2d 1235 (1996)

127 Idaho 928

Marvin J. Wagar, Claimant, v. ASARCO, INC., Employer, Self-Insured, Appellant, and INDUSTRIAL SPECIAL INDEMNITY FUND, Respondent.

Supreme Court of Idaho, Coeur d'Alene, October 1995 Term.

January 4, 1996.

Attorney(s) appearing for the Case

Hull, Branstetter & Simpson, Wallace, for appellant. Michael K. Branstetter argued.

Alan G. Lance, Attorney General, Boise; and Kelso & Irwin, Coeur d'Alene, for respondent. Jon Irwin argued.

McDEVITT, Chief Justice.

This is a worker's compensation case. The primary issue presented in this appeal is whether there was sufficient evidence to support the Industrial Commission's (the Commission) finding that ASARCO, Inc. (ASARCO) failed to show sufficient evidence to place liability on the Industrial Special Indemnity Fund (I.S.I.F.) for an employee's alleged permanent physical impairment, pursuant to I.C. § 72-332. ASARCO has not challenged the Commission...

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