Carey v. Clearwater County Road Department

SHEPARD, Justice.

This is an appeal from an order of the Industrial Commission holding that claimant was totally and permanently disabled under the “odd-lot” doctrine, see Smith v. Payette County, 105 Idaho 618, 671 P.2d 1081 (1983); Lyons v. Industrial Special Indemnity Fund, 98 Idaho 403, 565 P.2d 1360 (1977), and allocating the amount of benefits to be paid plaintiff by the employer/ surety and the Industrial Special Indemnity Fund. We affirm in part, reverse in part, and remand.

Claimant Carey had injured his back in 1968, had a lumbar disc removed, and been off work for a year. Thereafter,…