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OWSLEY v. IDAHO INDUSTRIAL COM'N

No. 30193.

106 P.3d 455 (2005)

141 Idaho 129

Larry G. OWSLEY, a single person; and Richard L. Nelson, Jr., a single person, Plaintiffs-Appellant, and Dan G. Daniels, a single person, Plaintiff, v. IDAHO INDUSTRIAL COMMISSION; and James F. Kile, R.D. Maynard, and Thomas Limbaugh, individually, and in their capacities as members of the Idaho Industrial Commission; and Industrial Special Indemnity Fund; and Lonna Gray, individually, and in her capacity as manager of the Industrial Special Indemnity Fund, Defendants-Respondents.

Supreme Court of Idaho, Coeur d'Alene, October 2004 Term.

January 31, 2005.

Attorney(s) appearing for the Case

Elsaesser, Jarzabek, Anderson, Marks, Elliot & McHugh, Sandpoint, for appellants. Joseph E. Jarzabek argued.

Mallea Law Offices, Meridian, for respondents Industrial Special Indemnity Fund. Kenneth L. Mallea argued.

Hon. Lawrence G. Wasden, Attorney General, Boise, for respondents Industrial Commission. Blair D. Jaynes argued.

BURDICK, Justice.

This case involves a suit brought in district court by three injured workers against the Idaho Industrial Commission (Commission) and the Industrial Special Indemnity Fund (ISIF), alleging bias, prejudgment, and due process violations in the adjudication of their claims. The case comes to this Court on appeal from the district court's dismissal. We reverse in part and affirm in part.

I. FACTUAL...

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