WHEATON v. INDUS. SPECIAL INDEM. FUND

No. 22501.

928 P.2d 42 (1996)

129 Idaho 538

John M. WHEATON, Claimant-Appellant, v. INDUSTRIAL SPECIAL INDEMNITY FUND, Defendant-Respondent.

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

December 16, 1996.


Attorney(s) appearing for the Case

Michael J. Vrable, Hayden, for claimant-appellant.

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


JOHNSON, Justice

This is a workers' compensation case. We conclude as follows:

1. The referee's decision not to reopen the case is not appealable because the Commission did not approve and confirm the decision.

2. There is substantial and competent evidence to support the Commission's finding that the claimant did not establish a prima facie case of total and permanent disability under the odd-lot doctrine.

3. The claimant did not preserve...

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