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SMITH v. IML FREIGHT, INC.

No. 12958.

619 P.2d 118 (1980)

101 Idaho 600

Asa Clyde SMITH, Claimant-Appellant, v. IML FREIGHT, INC., Employers, and Transport Indemnity Co., Surety, and Industrial Special Indemnity Fund, State of Idaho, Defendants-Respondents.

Supreme Court of Idaho.

Rehearing Denied November 26, 1980.

Attorney(s) appearing for the Case

Joseph M. Coughlan of Coughlan, Coughlan & Korn, Boise, for claimant-appellant.

Alan R. Gardner of Imhoff, Lynch & Davis, Chtd., Boise, for defendants-respondents.

McFADDEN, Justice.

This is an appeal from an order of the Industrial Commission denying appellant Asa Clyde Smith's claim for compensation. The order is affirmed.

Smith, a truck driver employee of IML Freight, Inc., was involved in an industrial accident on May 30, 1975 at Twin Falls, when he slipped and fell from the rear of a truck-tractor on which he had been working. In order to break his fall, he grasped a shovel on the back of the cab, putting his entire...

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