STATE, INDUSTRIAL COM'N v. BIBLE MISSIONARY CHURCH, INC.

No. 28317.

70 P.3d 685 (2003)

138 Idaho 847

STATE of Idaho, ex rel., INDUSTRIAL COMMISSION, Plaintiff-Appellant, v. BIBLE MISSIONARY CHURCH, INC., of Kuna, Idaho, an Idaho non-profit corporation; Larry Roberts, Treasurer; and Barbara Roberts, Secretary, in their official capacities, Defendants-Respondents.

Supreme Court of Idaho, Boise, February 2003 Term.

May 21, 2003.


Attorney(s) appearing for the Case

Hon. Lawrence G. Wasden, Idaho Attorney General for appellant. Blair D. Jaynes argued.

Robert L. Aldridge, Boise, and Richard S. Owen, Nampa, for respondents.


KIDWELL, Justice.

The Industrial Commission (Commission) sought injunctive relief and imposition of a civil penalty against the Bible Missionary Church (Church) because the Church failed to obtain worker's compensation insurance for its pastor. The magistrate court granted summary judgment in favor of the Church on the grounds that the Church did not operate for pecuniary gain and was, therefore, exempt from the worker's compensation statutes. The Commission appealed...

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