By Lane V. Erickson, Attorney The basic estate planning questionnaire that we provide to our clients ask questions that will allow us to determine whether they might need to use a trust in their estate planning. Not all Estates need to have a trust created. However, there are many reasons…
Idaho Law Blog
Spinal Impairment Ratings under the Sixth Edition of the AMA Guides to the Evaluation of Permanent Impairment
By Fred J. Lewis We have now had some time to reflect on the adoption of the Sixth Edition of the AMA Guides to the Evaluation of Permanent Impairment. There were criticisms to the Fifth Edition in that it awarded too much impairment that was actually disability. One of the…
No Need for Magic Words
By Fred J. Lewis In Green v. Industrial Special Indemnity Fund (Second Injury Fund), the Claimant was a sawyer who was struck by a falling tree. The Second Injury Fund appealed from the Idaho Industrial Commission’s determination that Green was totally and permanently disabled and that his disability was due…
Legal Descriptions in Deeds Must Exactly Identify Sold Property
By Joseph G. Ballstaedt A few days ago, the Idaho Supreme Court issued a decision that reaffirms an Idaho rule concerning property descriptions. The Court held that a conveyance deed is not enforceable unless the property description in the deed describes the property so that it is possible for someone…
The Time of Hearing Decides the Labor Market
By Fred J. Lewis On March 7, 2012, the Idaho Supreme Court decided the case of Brown v. The Home Depot. In this case the claimant had slipped on the snow covered steps while working for Home Depot and hurt his back. This Idaho Workers’ Compensation claimant had significant preexisting…
Employment Laws that Protect Veterans and Members of the Military
By Lane V. Erickson, Attorney Federal law has made an effort to protect those who serve in our Armed Forces. Particularly, federal law concerning the employment of members of the military provides protections above those normally given to regular employees. According to the Federal Department of Labor: The employment rights…
The Simple 3 Step Estate Plan
By Lane V. Erickson, Attorney Estate planning does not have to be complex. In fact, many of my clients are surprised when We complete their estate planning for them and they can see how simple it really was. Below is a simple three-step estate plan that anyone can accomplish through…
Should There Be Limits to Tenant Lawsuits in Idaho?
By Lane V. Erickson, Attorney As reported by the New York Post, a tenant of a famed Bowery flophouse has been banned from suing his landlord. Roland Davis, 65, had already sued the Whitehouse Hotel at 338-340 Bowery 23 times in seven years, losing every time, when Manhattan Judge Kelly…
The Federal Family and Medical Leave Act (FMLA)
By Lane V. Erickson, Attorney Employers are often covered by federal employment laws that provide certain protections for employees. One of the laws that exist that is applicable to many employers is the Family and Medical Leave Act (FMLA). The FMLA is designed to provide certain employees with up to…
The Flexibility of Estate Planning
By Lane V. Erickson, Attorney I’ve been an estate planning attorney now for nearly two decades. One of the first things I discovered about estate planning when I first began practicing was how flexible estate planning can be. Flexibility in estate planning is really important because a person’s circumstances are…