TARBET v. J.R. SIMPLOT CO.

No. 38096-2010.

264 P.3d 394 (2011)

David TARBET, Claimant-Respondent, v. J.R. SIMPLOT COMPANY, Self-Insured Employer, and Defendant-Appellant, and State of Idaho, Industrial Special Indemnity Fund, Defendant-Respondent.

Supreme Court of Idaho.

November 2, 2011.


Attorney(s) appearing for the Case

Daniel A. Miller ; Ludwig, Shoufler, Miller, Johnson, LLP; Boise; argued for appellant.

Fred J. Lewis ; Racine, Olson, Nye, Budge & Bailey, Chtd.; Pocatello; argued for respondent Tarbet.

Paul J. Augustine , Boise, argued for respondent Industrial Special Indemnity Fund.


EISMANN, Justice.

This is an appeal by the employer from the decision of the Industrial Commission holding that the employee's final injury caused him to be permanently and totally disabled, without considering his prior injuries, so that the employer, rather than the Industrial Special Indemnity Fund, is liable for the employee's total disability payments.

I.

Factual Background

David Tarbet (Claimant...

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