(Download) "Merle Francis v. Amalgamated Sugar Company" by Supreme Court of Idaho No. 12106 # eBook PDF Kindle ePub Free
eBook details
- Title: Merle Francis v. Amalgamated Sugar Company
- Author : Supreme Court of Idaho No. 12106
- Release Date : January 23, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
The claimant appellant Merle Francis has appealed from an order of the Industrial Commission awarding him less than a permanent total disability rating and benefits. This appeal is governed by the opinion which we have recently issued following rehearing in the case of Lyons v. Industrial Special Indemnity Fund, State of Idaho, 98 Idaho 403, 565 P.2d 1360 (1977). The claimant, who was employed as an electrician by respondent Amalgamated Sugar Co., was injured when he was pinned beneath the transmission of a switch engine when the transmission slipped as he was doing maintenance and repair work. The accident aggravated an existing injury to his back. The Commission found that the most recent injury produced an additional disability equal to 15% of the whole man which, when combined with the prior disability of 10% of the whole man, produced a total disability equal to 25% of the whole man. Although the Commission did not distinguish between disability and impairment ratings, it is implicit in its findings and Conclusions that in this case it equated the rating of the claimant's permanent impairment with its rating of his disability without explicit consideration of the types of employment the claimant can now perform. Because, as we explained in Lyons, this is improper if a claimant falls in the odd lot category and because this claimant falls in the odd lot category, this matter must be remanded to the Industrial Commission for further proceedings.
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