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BROWN v. STATE, INDUS. SPECIAL INDEM. FUND

No. 27836.

65 P.3d 515 (2003)

138 Idaho 493

Everett BROWN, Claimant-Respondent-Cross Appellant, v. STATE of Idaho, INDUSTRIAL SPECIAL INDEMNITY FUND, Defendant-Appellant-Cross Respondent.

Supreme Court of Idaho, Boise, December 2002 Term.

February 27, 2003.

Attorney(s) appearing for the Case

Hon. Alan G. Lance, Attorney General, Boise; Mallea Law Offices, Meridian, for appellant. Kenneth L. Mallea argued.

Landeck, Westberg, Judge & Graham, Moscow, for respondent. Charles L. Graham argued.

TROUT, Chief Justice.

This is a worker's compensation case dealing with the determination of a claimant's average weekly wage for calculation of benefits. The State of Idaho, Industrial Special Indemnity Fund ("ISIF"), appeals the Industrial Commission's ("Commission") decision refusing to hold that Everett Brown's ("Claimant") total permanent disability income benefits should be paid at the rate of 45% of the average state...

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