Smith v. O/P Transportation

SILAK, Justice.

This is an appeal from a decision of the Industrial Commission finding that Idaho’s cancellation requirement of sixty days notice was not applicable to a former worker’s compensation surety of Billy Joe Smith’s (Smith) statutory employer. The Commission determined that the policy was not “issued against liability arising under” the Idaho worker’s compensation law, but rather was issued against liability arising under Oregon’s worker’s compensation law. As a result, the Commission found that the surety had no liability to Smith because, according to Oregon law, it effectively…