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MAGEE v. THOMPSON CREEK MIN. CO.

No. 36352.

268 P.3d 464 (2012)

V.J. MAGEE, Claimant-Appellant, v. THOMPSON CREEK MINING COMPANY, Employer, and Ace Fire Underwriters Insurance Company, Surety, Defendants-Respondents.

Supreme Court of Idaho, Twin Falls, November 2011 Term.

January 24, 2012.

Attorney(s) appearing for the Case

Fuller Law Offices, Twin Falls, for appellant. Daniel S. Brown argued.

Moffatt, Thomas, Barrett, Rock & Fields, Chartered, Boise, for respondent. Andrew J. Waldera argued.

W. JONES, Justice.

I. NATURE OF THE CASE

On May 6, 2000, Appellant, V.J. Magee, sustained a work-related injury causing harm to his lumbar spine and impacting the use of his right leg, leaving Magee in chronic pain. The Idaho Industrial Commission held an administrative hearing and issued a final decision on October 15, 2004. The Commission found that Magee suffered a compensable industrial accident, that he sustained a ten percent (10%) permanent partial...

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