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CORGATELLI v. STEEL WEST, INC.

No. 41012.

335 P.3d 1150 (2014)

157 Idaho 287

Gary R. CORGATELLI, Claimant-Appellant-Cross Respondent, v. STEEL WEST, INC., Employer, and Idaho State Insurance Fund, Surety, Defendants-Respondents-Cross Respondents, and State of Idaho, Industrial Special Indemnity Fund, Defendant-Respondent-Cross Appellant.

Supreme Court of Idaho, Twin Falls, June 2014 Term.

Rehearing Denied October 29, 2014.

Attorney(s) appearing for the Case

Fred J. Lewis , Pocatello, attorney for appellant.

Jay Meyers , Pocatello, attorney for respondent Steel West, Inc.

Paul B. Rippel , Idaho Falls, attorney for respondent Industrial Special Indemnity Fund.

WALTERS, J., pro tem.

Gary R. Corgatelli sought worker's compensation benefits from his employer Steel West and the State of Idaho's Industrial Special Indemnity Fund (ISIF) for a 2005 back injury that he incurred as a result of his employment. The Idaho Industrial Commission (the Commission) concluded that Corgatelli had a permanent physical impairment of 15% of the whole person, attributing 5% to an earlier injury in 1994 and 10% to the 2005

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