Legal Opinion

Clark v. Truss

Idaho Supreme Court

Decided January 25, 2006No. 31378PublishedCited by 4 opinions

1Opinion of the Court

EISMANN, Justice.

This is an appeal from an order of the Industrial Commission apportioning disability to an employer under Idaho Code § 72-332. The two primary issues on appeal are whether the Commission must take into consideration a claimant’s pre-existing permanent partial disability when determining the employer’s liability for the disability caused by the subsequent injury and whether the Commission erred in failing to be persuaded *406by expert opinion testimony that there was an organic basis for the claimant’s decreased mental functioning. We affirm the order of the Commission.

I.FACTS AND…

2Cases cited10 opinions

  1. State v. SmootIdaho Supreme Court · 1978
  2. Carey v. Clearwater County Road DepartmentIdaho Supreme Court · 1984
  3. Eacret v. Clearwater Forest IndustriesIdaho Supreme Court · 2002
  4. Guillard v. Department of EmploymentIdaho Supreme Court · 1979
  5. Langley v. State, Industrial Special Indemnity FundIdaho Supreme Court · 1995

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3Cited by4 opinions

  1. William J. Waters v. All Phase Const.Idaho Supreme Court · 2014
  2. Fairchild v. Kentucky Fried ChickenIdaho Supreme Court · 2015
  3. Tenny v. Loomis Armored US, LLCIdaho Supreme Court · 2021
  4. William J. Waters v. All Phase Const.Idaho Supreme Court · 2014

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