Sprague v. Caldwell Transportation Inc.

A

The majority opinion reverses the Industrial Commission, exercising so-called “free review” of what is supposedly the Commission’s conclusion of law that the chiropractic treatment provided by Dr. Downey after April 10, 1985, was “unreasonable.” Being a conclusion of law, according to the majority opinion, we are not bound by the constitutional prohibition in Art. 5, § 9, of the Idaho Constitution which prohibits this Court from reviewing the factual determinations of the Industrial Commission.5 However, the majority opinion does not acknowledge, much less discuss, the Commission’s Finding…