Rhodes v. Sunshine Mining Co.

SHEPARD, Chief Justice.

Plaintiff-appellant Rhodes was working in an underground mine in Shoshone County when he was severely injured by falling rock. The injury left Rhodes permanently paralyzed below the waist, and there is no question that he is permanently and totally disabled. Rhodes asserted a claim against Sunshine Mining Company, and received worker’s compensation benefits. There appears no question but that pursuant to I.C. §§ 72-407, -408, -409 and -432. Rhodes is entitled to the medical benefits and permanent total disability benefits for his lifetime.

Thereafter, plaintiffs Rhodes…