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VAWTER v. UNITED PARCEL SERVICE, INC.

No. 40660.

318 P.3d 893 (2014)

Michael VAWTER, Claimant-Respondent-Cross Appellant, v. UNITED PARCEL SERVICE, INC., Employer, and Liberty Insurance Corporation, Surety, Defendants-Appellants-Cross Respondents, and State of Idaho Industrial Special Indemnity Fund, Defendant-Respondent-Cross Appellant.

Supreme Court of Idaho, Boise, December 2013 Term.

February 7, 2014.

Attorney(s) appearing for the Case

Breen Veltman Wilson , Boise, for appellants. Susan R. Veltman argued.

Augustine Law Offices, PLLC, Boise, for respondent ISIF. Paul J. Augustine argued.

Ellsworth Kallas & DeFranco, PLLC, Boise, for respondent Michael Vawter. Rick D. Kallas argued.

J. JONES, Justice.

This appeal arises out of a worker's compensation case in which Michael Vawter sought compensation from his employer, United Parcel Service (UPS), for a back injury he claims he suffered as a result of his employment. In turn, UPS attempted to establish that Vawter did not suffer a compensable injury, but if he did the State of Idaho's Industrial Special Indemnity Fund (ISIF) is liable for a portion of his benefits. Ultimately, the Idaho Industrial...

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