Hartley v. Miller-Stephan

ON DENIAL OF PETITION FOR REHEARING

1984 OPINION NO. 96, ISSUED JULY 25, 1984, IS HEREBY WITHDRAWN AND THIS OPINION IS SUBSTITUTED THEREFOR.

SHEPARD, Justice.

Claimant Hartley sustained a knee injury while working for the employer herein, Miller-Stephan. Claimant had previously had knee problems, which allegedly constituted a preexisting permanent physical impairment under I.C. § 72-332, so the State of Idaho, Industrial Special Indemnity Fund, *689was made a party to this case. The Industrial Commission determined claimant to be an odd-lot employee and awarded him total, permanent disability…