By Fred J. Lewis If you are injured on the job in the state of Idaho, you are going to have to travel to obtain treatment from various health care providers. This is expense adds to the difficulty experienced by injured employees in Idaho. The Idaho Workers’ Compensation Act and…
By Fred J. Lewis The Idaho Workers’ Compensation Act requires that all Idaho workers’ compensation claims be adjusted by Idaho-based insurance adjusters. This includes all aspects of handling and adjusting the Idaho workers’ compensation claims, including investigation and interviews. The Idaho in-state adjusters must have full decision-making authority, which includes…
By Fred J. Lewis In its decision, the Idaho Industrial Commission had ruled that because of the Idaho Legislature abolishing joint and several liability, an employer’s negligence was no longer an absolute bar to the exercise of its right of subrogation. The Idaho Supreme Court stated that the Commission, in…
By Fred Lewis At the oral argument, I argued on Mr. Maravilla’s behalf that Simplot’s subrogated claim was separate and apart from Mr. Maravilla’s negligence claim against IIC. The Idaho Supreme Court held there were only two claims that had been asserted in Mr Maravilla’s case. First was Mr Maravilla’s…
By Fred J. Lewis On December 30, 2016, the Idaho Supreme Court gave injured workers a late Christmas gift in the form of a decision holding that employers that are negligent waive their right to reimbursement on their subrogated claim to the proceeds of a third-party settlement or verdict. In…
By Fred J. Lewis We, as Americans, love to choose the doctor who will treat us for medical problems. This streak of independence has killed most universal health care or single-payer plans that have been advanced by various politicians over the last 50-60 years. Idaho Code Section 72-432 (7) allows…
By Fred J. Lewis In Beascoechea v. Liberty Northwest Insurance Corporation decided November 17, 2016 the Claimant was found to be 45% disabled inclusive of his 6% permanent partial impairment rating. At the time of the hearing the Claimant was 68 years old and had told everyone he was retired.…
By: Fred J. Lewis In Linda Doores v. State Insurance Fund, Decided on November 18, 2016, the Idaho Industrial Commission ruled against the Claimant. The Claimant contended that she had injured her hip as a result of an accident that allegedly occurred on July 18, 2012. As she approached an…
By Fred J. Lewis In the 1990s, I represented a number of Idaho Workers’ Compensation insurance companies, defending claims brought by injured Idaho workers. I would see general practice lawyers bring Idaho Workers’ Compensation claims and not truly understand the value of those claims and not know how to bring…
By Fred J. Lewis For many years, Oasis Legal Financial or other similar legal funding companies have provided cash to injured workers who needed money prior to the settlement of their case. These were contingent loans that were not required to be paid back if the Idaho Workers’ Compensation claimant…