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VINCENT v. DYNATEC MINING CORP.

No. 24170.

969 P.2d 249 (1998)

132 Idaho 200

In the Matter of Marc Antoine Vincent, Deceased. Tammie VINCENT, Claimant-Appellant, v. DYNATEC MINING CORPORATION, Employer, and Argonaut Insurance Company, Surety, Defendants-Respondents.

Supreme Court of Idaho, Boise, September 1998 Term.

December 8, 1998.

Attorney(s) appearing for the Case

Verby Law Office, Sandpoint, Coeur d'Alene, for appellant. Steven C. Verby argued.

Moffatt, Thomas, Barrett, Rock & Fields, Boise, for respondents. John W. Barrett argued.

TROUT, Chief Justice.

This is an appeal from a declaratory ruling by the Industrial Commission of the State of Idaho finding that I.C. § 72-413, a Worker's Compensation death benefits statute, as it existed on March 28, 1985, was not subject to an annual adjustment in the average weekly state wage. We affirm the Industrial Commission's ruling.

I.

BACKGROUND

Marc Antoine Vincent (Marc) died on March 28, 1985 when he stepped on an unanchored...

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