Lyons v. Industrial Special Indemnity Fund ( 1977 )

BAKES, Justice,

dissenting;

As much as I agree with the factual conclusions which the Court arrives at concerning the extent of the claimant’s injury, and his limited ability to obtain and perform employment, the Court is essentially performing a factfinding function which under the law is reserved to the commission. Art. 5, § 9, Idaho Constitution; I.C. § 72-724. While the line between what is a question of fact and what is a question of law is often obscure, cf. Dean v. Dravo Corp., 97 Idaho 158, 540 P.2d 1337 (1975), and Beslanwitch v. Valley Dodge Center, Inc., 93 Idaho 390, 565 P.2d 583 (1977), I think the Court has stepped over the line in this case.