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HENDERSON v. McCAIN FOODS, INC.

No. 31232.

130 P.3d 1097 (2006)

142 Idaho 559

Teresa HENDERSON, Claimant-Appellant, v. McCAIN FOODS, INC., Employer, and RSKCO, Surety, Defendants-Respondents.

Supreme Court of Idaho, Boise, December 2005 Term.

February 22, 2006.

Attorney(s) appearing for the Case

Peterson, Parkinson & Arnold, Idaho Falls, for appellant. Bradley D. Parkinson argued.

Moffatt, Thomas, Barrett, Rock & Fields, Boise, for respondents. Glenna M. Christensen argued.

EISMANN, Justice.

This is an appeal from an order of the Industrial Commission finding that the claimant failed to prove that her neck surgery was caused by her industrial accident, determining that she had a 30% disability rating, and apportioning her disability under Idaho Code § 72-406(1) one-third to the industrial accident and two-thirds to her pre-existing condition. We affirm the Industrial Commission except...

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