Legal Opinion · Dissent

Porter v. Gem State Plumbing

Idaho Supreme Court

Decided December 28, 1990No. 17994Published

1DissentBistline, Justice

Because this is a close case, as was recognized by the Industrial Commission, I am unable to go with the majority. It has heretofore been my understanding that in close calls the Industrial Commission, in the first instance, and this Court in the second, will throw the call to a claimant. In unemployment law, as in workers’ compensation law, the policy of both of these humanitarian enactments of the legislature is one of liberality. Not just for the sake of liberality, but because when a worker becomes injured or loses his job, he may suffer, but more than that, the consequences fall upon…

2Cases cited2 opinions

  1. Swanson v. StateIdaho Supreme Court · 1988
  2. Coates v. Bingham Mechanical & Metal Products, Inc.Idaho Supreme Court · 1975

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