Koch v. Micron Technology

EISMANN, Justice.

The Industrial Commission denied the claimant workers’ compensation benefits because she could not prove that an accident aggravated her preexisting condition, as required by Nelson v. Ponsness-Warren Idgas Enterprises, 126 Idaho 129, 879 P.2d 592 (1994). She appeals, arguing that the legislature overruled Nelson when it amended Idaho Code § 72-439. We affirm' the order of the Industrial Commission.

I. FACTS AND PROCEDURAL HISTORY

The claimant Shirley Koch began working for Micron Technology on October 15, 1997. At that time she had a preexisting calcific tendonitis in her…