Emery v. J.R. Simplot Co.

SCHROEDER, Chief Justice.

Mark Emery (Emery) appeals an Industrial Commission order denying his motion to vacate an order dismissing his claim with prejudice that was entered pursuant to a stipulation to dismiss with prejudice executed by Emery and his employer, J.R. Simplot Company (Simplot).

I

FACTUAL AND PROCEDURAL BACKGROUND

Emery began working for Simplot as a warehouseman in November of 2000. On March 10, 2001, he twisted and injured his back as he hurried to get out of the way of falling boxes. After reviewing a lumbar MRI taken on April 11, Dr. Douglas M. Hill diagnosed Emery with a…