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McCABE v. JO ANN STORES, INC.

No. 33675.

175 P.3d 780 (2007)

Elizabeth J. McCABE, Claimant-Appellant, v. JO-ANN STORES, INC., Employer, and Liberty Northwest Insurance Corporation, Surety, Defendants-Respondents.

Supreme Court of Idaho, Boise, December 2007 Term.

December 27, 2007.

Attorney(s) appearing for the Case

Emil F. Pike Jr., Twin Falls, for appellant.

Harmon, Whittier & Day, Boise, for respondent. Kent Day argued.

HORTON, Justice.

Claimant Elizabeth McCabe (McCabe) appeals from an order of the Industrial Commission of the State of Idaho (Commission). In this case, the Court is asked to determine if the Commission erred by not properly considering McCabe's loss of access to the open labor market in its decision that she was not entitled to a disability rating in excess of her uncontested 7% whole person permanent impairment rating....

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