Smith v. O/P Transportation, Inc.

JOHNSON, Justice.

This is a workers’ compensation case. The only issue presented is whether the Industrial Commission has subject matter jurisdiction to decide whether an insurance company is the workers’ compensation surety of an employer. We hold that the Commission has this jurisdiction.

I

THE BACKGROUND AND PRIOR PROCEEDINGS.

Billy Joe Smith was hired by Boise Truck Dispatch, Inc. (Boise Truck) in July, 1983. Boise Truck was an agent in Idaho for O/P Transportation Ltd., Inc. (O/P Transportation) of Portland, Oregon. In August, 1983, Smith was injured while unloading a truck leased to O/P…