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GREEN v. GREEN

No. 42782.

371 P.3d 329 (2016)

Roy GREEN, Claimant-Respondent, v. Roy GREEN, dba St. Joes Salvage Logging, Employer, and Travelers Indemnity Company, Surety, Defendants-Respondents, and State of Idaho, Industrial Special Indemnity Fund, Defendant-Appellant.

Supreme Court of Idaho, Boise, December 2015 Term.

April 26, 2016.

Attorney(s) appearing for the Case

Jones, Brower & Callery, LLP, Lewiston and Mallea Law Offices, Meridian, for appellant. Kenneth Mallea argued.

Bowen & Bailey, LLP, Boise, for respondents St. Joes Salvage Logging and Travelers Indemnity Company. William Scott Wigle argued.

Starr Kelso Law Offices, Coeur d'Alene , for respondent Green.

The Industrial Special Indemnity Fund (ISIF) appeals a decision of the Industrial Commission in which the Commission concluded that ISIF must pay a portion of Roy Green's disability benefits because Green had a pre-existing condition. We affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

On July 3, 2006, Green was logging...

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