Walters v. Blincoe's Magic Valley Packing Co.

*243BAKES, Justice,

concurring specially:

I concur fully with the Court’s opinion and write only to emphasize that where there is a compensation agreement entered into between the parties, which has been approved by the commission, it is a final decision and award of the commission which is conclusive as to all matters adjudicated by the commission, I.C. § 72-718. It can only be reopened within the times and under the conditions set out in I.C. § 72-719. However, if, because of ambiguity, a compensation agreement approved by the commission is determined not to adjudicate permanent disability, but rather only permanent impairment, see Woodvine v. Triangle Dairy, Inc., 106 Idaho 716, 682 P.2d 1263 (1984), then the issue of disability would still be open, and the agreement and award would not be final under 72-718. Then, as the majority opinion correctly spells out, “In that event, I.C. § 72-706(2) allows the filing of an application for a hearing within five years after the accident causing the injury or within one year from the date of the last payment of compensation, ‘if compensation is discontinued more than five (5) years from the date of the accident causing the injury.’ ” Ante at 228.