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COMBES v. INDUSTRIAL SPECIAL INDEM. FUND

No. 25407.

20 P.3d 689 (2000)

135 Idaho 505

Robert R. COMBES, Claimant-Appellant-Cross-Respondent, v. STATE of Idaho, INDUSTRIAL SPECIAL INDEMNITY FUND, Defendant-Respondent-Cross-Appellant.

Supreme Court of Idaho, Boise, November 2000 Term.

Rehearing Denied April 3, 2001.

Attorney(s) appearing for the Case

Cantrill, Skinner, Sullivan & King, Boise; John F. Greenfield, Boise, for appellant. Gardner W. Skinner and John F. Burton, Jr. argued.

Hon. Alan G. Lance, Attorney General; Mallea & Scrivner, Boise, for respondent. Kenneth L. Mallea argued.

KIDWELL, Justice.

Robert Combes, claimant, appeals the Industrial Commission's determination that he was not entitled to permanent and total disability benefits because he did not establish that his pre-existing condition or occupational disease was aggravated by an "accident." On appeal, Combes argues that the Court should overrule three Idaho cases, thus disavowing the "accident" requirement currently established in Idaho worker's compensation law.

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