Tarbet v. J.R. Simplot Co.

EISMANN, Justice.

This is an appeal by the employer from the decision of the Industrial Commission holding that the employee’s final injury caused him to be permanently and totally disabled, without considering his prior injuries, so that the employer, rather than the Industrial Special Indemnity Fund, is liable for the employee’s total disability payments.

I

Factual Background

David Tarbet (Claimant) worked for the J.R. Simplot Company (Employer) for thirty-six years. It is undisputed that an industrial accident in 2007 left Claimant totally and permanently disabled. The issue before the…