Henderson v. McCain Foods, Inc.

EISMANN, Justice.

This is an appeal from an order of the Industrial Commission finding that the claim*562ant failed to prove that her neck surgery was caused by her industrial accident, determining that she had a 30% disability rating, and apportioning her disability under Idaho Code § 72-406(1) one-third to the industrial accident and two-thirds to her pre-existing condition. We affirm the Industrial Commission except as to its apportionment of the claimant’s disability. We vacate that apportionment and remand for further proceedings.

I.FACTS AND PROCEDURAL HISTORY

Teresa Henderson (Claimant)…