Hartman v. Double L Manufacturing, 141 Idaho 456

Summary

The Idaho Supreme Court dismissed an appeal from an Industrial Commission workers' compensation order because the Commission had retained jurisdiction to determine the extent of the Industrial Special Indemnity Fund's liability. The court held that the order was not final and appealable, remanded the matter for further proceedings, and declined to reach the substantive issues.

Holdings

1. An Industrial Commission decision that does not resolve all of the claimant's claims, including the extent of liability and the resulting compensation, is not a final decision or order appealable as of right under Idaho Appellate Rule 11(d).
2. The Industrial Commission has authority to request additional evidence and retain jurisdiction to resolve the extent of liability when the claimant is entitled to compensation but the record is inadequate to determine apportionment.

Questions Presented

1. Whether the Industrial Commission's order was a final, appealable order under Idaho Appellate Rule 11(d) when the Commission retained jurisdiction to determine the extent of ISIF's liability.
2. Whether the Industrial Commission had authority to retain jurisdiction and require additional evidence concerning apportionment of liability.

Disposition

dismissed