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CLARK v. TRUSS

No. 31378.

128 P.3d 941 (2006)

142 Idaho 404

John CLARK, Claimant-Respondent, v. Idaho TRUSS, Employer, and Insurance Company of the West, Surety, Defendants-Appellants, and State of Idaho, Industrial Special Indemnity Fund, Defendant.

Supreme Court of Idaho, Boise, January 2006 Term.

January 25, 2006.

Attorney(s) appearing for the Case

Penland, Munther & Goodrum Chtd, Boise, for appellants. Paul S. Penland argued.

Richard S. Owen, Nampa, for respondent, argued.

EISMANN, Justice.

This is an appeal from an order of the Industrial Commission apportioning disability to an employer under Idaho Code § 72-332. The two primary issues on appeal are whether the Commission must take into consideration a claimant's pre-existing permanent partial disability when determining the employer's liability for the disability caused by the subsequent injury and whether the Commission erred in failing to be persuaded

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