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DEPARTMENT OF EMPLOYMENT v. DRINKARD

No. 12164.

560 P.2d 1312 (1977)

98 Idaho 222

DEPARTMENT OF EMPLOYMENT, State of Idaho, Plaintiff-Respondent, v. Robert L. DRINKARD, Defendant-Appellant.

Supreme Court of Idaho.

Rehearing Denied March 25, 1977.

Attorney(s) appearing for the Case

John W. Barrett, of Moffatt, Thomas, Barrett & Blanton, Paul J. Papak, of Moffatt, Thomas, Barrett & Blanton, Boise, for defendant-appellant.

Wayne L. Kidwell, Atty. Gen., R. LaVar Marsh, Deputy Atty. Gen., Donald L. Harris, Asst. Atty. Gen., Boise, for plaintiff-respondent.

BISTLINE, Justice.

The Industrial Commission held itself to be without jurisdiction to entertain appellant Drinkard's appeal to it from a Department of Employment final decision adverse to Drinkard. The Commission concluded that Drinkard's claim for review was filed beyond the 14-day jurisdictional limit mandated by I.C. § 72-1368(f). We hold that the claim for review was timely filed.

The Department of Employment (Department) determined, after investigation...

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