Legal Opinion · Dissent

Griffin v. Potlatch Forests, Inc.

Idaho Supreme Court

Decided July 18, 1969No. 10251Published

1Dissent

*178SPEAR, Justice

(dissenting) :

The majority apparently concedes that “Griffin was totally and permanently disabled from continuing in his former employment." Yet despite this “permanent disability,” the majority would still limit the Board’s none-too-generous 75% award to an award of 50% partial permanent disability. With this conclusion I cannot agree. If claimant is permanently disabled, he is entitled to 100% permanent disability compensation, not to 50 or 75 percent permanent partial disability compensation.

As Professor Larson has stated in his treatise on Workmen’s Compensation:

“The total…

2Cases cited10 opinions

  1. McNeil v. Panhandle Lumber Co.Idaho Supreme Court · 1921
  2. Smith v. University of IdahoIdaho Supreme Court · 1946
  3. Kiger v. Idaho CorporationIdaho Supreme Court · 1963
  4. Kelley v. ProutyIdaho Supreme Court · 1934
  5. Colorado Fuel & Iron Corp. v. Industrial CommissionSupreme Court of Colorado · 1962

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