Davis v. Hammack Management, Inc.

I respectfully dissent from Part IV(B) of the Court’s opinion. In my view, the pivotal question the Court is asked to decide is whether to give precedence to the terms of Idaho Code section 72-711 or Idaho Code section 72-718.3 As Claimant properly notes, Idaho Code section 72-711 provides that a compensation agreement “shall be approved by the commission only when the terms conform to the provisions of this law.”

Idaho Code section 72-718 provides:

A decision of the commission, in the absence of fraud, shall be final and conclusive as to all matters adjudicated by the commission upon filing…