Olaf Lethrud v. State Idaho

McDEVITT, C.J. Olaf Lethrud (Lethrud) appeals the order of the Idaho Industrial Commission (Commission) denying Lethrud's claim for worker compensation benefits from the Idaho Industrial Special Indemnity Fund (I.S.I.F.). Lethrud argues that the Commission erred when it concluded that Lethrud failed to prove that he suffers total and permanent disability under the odd-lot doctrine as a result of his accident and injury of October 1985. Lethrud also argues that the Commission erred when it concluded that Lethrud failed to prove that he had a preexisting permanent physical impairment so as to render the I.S.I.F. liable for workers' compensation benefits. Lethrud contends that whether a preexisting condition exists should be determined at the time the claimant is unable to continue working, rather than at the time of injury.