View Summary
Ralph ELLISON Sr. Claimant-Appellant
vs.
The BUNKER HILL COMPANY (Self-Insured) Defendant-Respondent
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Issues:
Workers' compensation, employer liability, private right of action.
Case Summary:
Ralph Ellison, a former employee of the Bunker Hill Company, appeals a state review board's ruling that denies his application for workers' compensation. Ellison contends his work as a miner with the Bunker Hill Company exposed him to dangerous mineral dust that left him with a serious respiratory problem. Ellison voluntarily left the company and subsequently applied for workers' compensation. The company contested his application.
Decision of lower jurisdiction:
The a review board of the state's Industrial Commission ruled that Ellison failed to produce sufficient evidence to support a benefits claim. Ellison now appeals.
Outcome:
Ellison wins. The Idaho Supreme Court ruled there was sufficient evidence to warrant a rehearing of the case. The court ordered the case remanded to the lower jurisdiction for additional review.