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EVANS v. HARA'S, INC.

No. 19269.

849 P.2d 934 (1993)

123 Idaho 473

Gene Kent EVANS, Claimant-Appellant, v. HARA'S, INC., Employer, and Lumberman's Underwriting Alliance, Surety, and State of Idaho Industrial Special Indemnity Fund, Defendants-Respondents.

Supreme Court of Idaho, Lewiston, October 1992 Term.

March 22, 1993.

Attorney(s) appearing for the Case

Goicoechea Law Offices, Nampa, for claimant-appellant. Richard S. Owen argued.

Hawley, Troxell, Ennis & Hawley, Boise, for defendants-respondents Hara's Inc. and Lumberman's Underwriting Alliance. Karen L. Lansing argued.

Mallea & Scrivner, Boise, for defendant-respondent State of Idaho, Industrial Sp. Indem. Fund. Kenneth L. Mallea argued.

TROUT, Justice.

This is a worker's compensation case. The issues on appeal are whether the Industrial Commission (Commission) correctly applied the presumption contained in I.C. § 72-228 and whether substantial and competent evidence supports the Commission's finding that the workplace did not contribute to claimant-appellant Gene K. Evans' (Evans) injury. We find the Commission correctly applied I.C. § 72-228 and...

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