Mayer v. TPC Holdings, Inc.

Justice EISMANN,

specially concurring.

I concur in the majority opinion, but write to add additional information.

Alleged ambiguily based upon Idaho Code section 72-418. Idaho Code section 72-431 begins, “When an employee who has sustained disability compensable as a scheduled or unscheduled permanent disability less than total....” The statute refers to “disability compensable as a scheduled ... permanent disability less than total.” TPC’s argument that the word disability here should be read as impairment is based upon the wording of Idaho Code section 72-428. That statute provides in part:

72-4…