Hipwell v. Challenger Pallet & Supply

BISTLINE, Justice,

specially concurring and dissenting.

I concur in Justice Johnson’s dissent as to issue V of the majority opinion.

It is necessary, in this justice’s opinion, to dissent further from the majority’s discussion, specifically, that regarding issue II, the propriety of the Commission’s denial of medical benefits after August 8, 1989. The majority opinion misses the point of Sprague v. Caldwell Transp., Inc., 116 Idaho 720, 779 P.2d 395 (1989), by premising the opinion’s analysis solely on whether Hipwell's medical condition had improved. The central holding in Sprague is that it is…