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Redman v. State6/5/2003
ferent than afterward." There is evidence to support this conclusion, though it is clearly contradicted by other evidence and the opposite conclusion could be reached reasonably. Since there is evidence to support this conclusion it is not necessary to address the Commission's determination that Redman was otherwise unemployable but for a sympathetic employer.
III. ATTORNEY FEES
ISIF seeks attorney fees noting that this Court has awarded them before against Industrial Commission claimants who only ask this Court to reweigh the evidence and present no substantive legal issues. See Baker v. Louisiana Pacific Corporation, 123 Idaho 799, 853 P.2d 544 (1993). However, Redman has clearly represented a compelling, though unsuccessful, argument concerning the Commission's findings and conclusions, supported by the dissent of one Commissioner.
IV. CONCLUSION
The decision of the Industrial Commission is affirmed. ISIF is awarded costs. No attorney fees are allowed.
Chief Justice TROUT, Justices WALTERS and EISMANN CONCUR. Justice KIDWELL, DISSENTS WITHOUT OPINION.
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