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FIFE v. HOME DEPOT, INC.

No. 37894.

260 P.3d 1180 (2011)

Floyd Blaine FIFE, Claimant-Appellant, v. The HOME DEPOT, INC., Employer, and National Union Fire Insurance Company of Pittsburgh, Surety, Defendants-Respondents.

Supreme Court of Idaho, Idaho Falls, August 2011 Term.

September 2, 2011.

Attorney(s) appearing for the Case

James D. Holman , Idaho Falls, argued for appellant.

W. Scott Wigle , Boise, argued for respondents.

EISMANN, Justice.

This is an appeal from a decision of the Industrial Commission finding that claimant had failed to prove that his medical condition requiring back surgery was caused by an industrial accident rather than by the pre-existing degenerative changes in his thoracic and lumbar spine. Because the Commission, as the trier of fact, is not required to accept the testimony of the claimant's treating physician, we...

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