Banzhaf v. Carnation Co.

BISTLINE, Justice,

specially concurring.

Agreeing that this case should be reversed and remanded in light of our opinions in Sines v. Appel, 103 Idaho 9, 644 P.2d 331 (1982), and Iverson v. Gordon Farming Co., 103 Idaho 527, 650 P.2d 669 (1982), I have joined the opinion of Justice Huntley.

As noted by the Court, the Commission’s view was that a workmen’s compensation award could only be reopened “upon a showing of fraud or a change in condition.” In doing so, the Commission relied upon several of this Court’s opinions:

“The Idaho Supreme Court consistently has held that an approved compensation…