Monroe v. Chuck & Del's, Inc.

The majority’s affirmance of the Industrial Commission’s decision is incorrect in that the majority’s opinion mischaracterizes *632and overlooks key uneontroverted facts. Moreover, contrary to the majority’s assertions, the case of Johnson v. Boise Cascade Corp., 93 Idaho 107, 456 P.2d 751 (1969), compels a reversal.

Johnson presents facts that are markedly similar to the case sub judice. Johnson had injured his back in the course of employment. The doctor believed that Johnson had a possible lumbar disc protrusion at the L4-5 level, which was removed in several surgeries. Over three years later,…