Articles Posted in Workers Compensation

By Fred J. Lewis

In 1917, the workers of the state of Idaho got some good news. The Idaho legislature passed the Idaho worker’s Compensation Act. Next year will be the 100th anniversary of the Idaho Worker’s Compensation Act. The grand bargain that was struck between employers and laborers centered on the requirement to prove fault on the part of the employer in order to recover. In exchange for sure and certain relief, the injured workers of Idaho traded their ability to bring negligence actions against their employer and the Idaho Worker’s Compensation claim became their sole remedy.

The Idaho Worker’s Compensation Act is a no fault exclusive remedy by an injured worker against their employer. The Act was never intended to make an injured worker whole. However, it at least provides a subsistence amount of benefits that lessens the sting of devastating injuries that happen at work. Specifically, it provides the following:

By Fred J. Lewis

Good news for injured Idaho workers. In Hackworth v. Super 8 and Employers Workers Compensation Co., the Claimant injured her left wrist as she was lifting a box. A local orthopedic surgeon performed four surgeries on her left wrist. Claimant was able to return to work at or near her pre-injury wage. Therefore, she had little or no wage loss. However, her treating orthopedic surgeon gave her no permanent restrictions. Claimant was also seen by Dr. Bates, a physical medicine doctor from Meridian, Idaho, who believed she should have restrictions of 30 lbs. lifting, with no forceful gripping, and no pronation or supination of her wrist. The Commission was convinced that after four surgeries to her wrist the Claimant really should have some restrictions to prevent further injury to her wrist.  In deciding that the Claimant was entitled to disability in excess of employment, the Commission stated the following:

Due to her functional limitation , her options for employment are more limited than younger, non-disabled workers who have more than high school educations and more transferable skills. It is important to note in particular the fact that due to the weakness of left hand, Claimant can no longer safely perform child care work, one of her most frequent past occupations, which is demonstrative of her reduced employability. The evidence, therefore, does not support Defendants’ contention that, merely because Claimant has had continuous employment since her industrial injury and has suffered no wage loss, she has also not suffered any disability in excess of impairment.

By Fred J. Lewis

First, your treating physician must adopt the restrictions set out in the functional capacity evaluation (FCE) or there is a good chance the Idaho Industrial Commission will deny your claim. Second, if you do not do a work search, chances are you’ll lose your Idaho Worker’s Compensation case.

In Kim Gray v. Industrial Special Indemnity Fund (ISIF) filed on May 5, 2016, the claimant found out the hard way that you have to have your treating physician adopt the restrictions given by the physical therapist as a result of a functional capacity evaluation and do a work search or you will lose your total and permanent disability case. The claimant in this case was injured in a number of accidents and at the time of the hearing, was unable to work. However, the claimant made one job inquiry as a part of his job search. The claimant completely relied on the opinion of his vocational expert that it would be futile for him to look for a job. This was the death nail to the claimant’s case.

In Idaho worker’s compensation cases the doctors control the most important evidence ie causation, restrictions and impairment. As the injured person you have to come forward with medical evidence in the form of opinions from your doctor to support your Idaho worker’s compensation claim. Often your employer will send you to a physician there insurance company always uses. This could be a physician’s assistant or a doctor. Often these physicians will try to get you back to work as soon as possible. Let us say you injured you back. You go to PA your employer sent you to and he thinks you are fine gives you some pain meds and sends you back to work. You want a second opinion. You go see a spine specialist. They determine you need to be off work for a while to heal and get better. Unfortunately you didn’t get a referral to the spine specialist from that PA you first saw, and your employer won’t accept the spine specialist’s opinion. Even though the spine specialist has done countless number of spinal surgeries and went to school for four years and had an additional six years of training. Doesn’t make sense right? It doesn’t to me either.

Always try and get a written referral from a doctor the Idaho worker’s compensation insurance company has paid as a part Idaho worker’s compensation claim. The new doctor will then be in the referral chain and　 Idaho worker’s compensation insurance company will then be required to pay the new doctor so long as you can prove through medical testimony that the care they provide is reasonable.

In the end the treating physician’s opinion will have more weight and so will the spine specialist, but until that time comes, you are caught up in the doctor game. An expert Idaho worker’s compensation attorney can help you get the treatment you need. Idaho worker’s compensation lawyers work with medical professionals all the time and know who to refer you to get the proper treatment.

Being bullied is no thing to joke about. It is a serious problem in our schools, playgrounds and even in our Idaho workers’ compensation claims. Often the Idaho worker’s compensation insurance company don’t want you to go see a doctor unless they know the outcome. Unfortunately it happens, you get hurt and have a serious injury but the insurance company or employer comes back again and again brings something for you to sign. Usually this says you can return to work, you don’t need any more medical treatment or you can work a full day. Don’t sign it! Right when you do they have evidence saying you are better, and they will use that saying they don’t need to pay for your medical treatment for the injury.

This should never be advocated in our schools or playgrounds, but in Idaho workers’ compensation claims most times you need an advocate to stop a bully. Hire an experienced Idaho worker’s compensation attorney. They can put pressure on the adjuster and get you in to see a professional physician who will treat you not just give the insurance company what they want. The good thing with an expert Idaho worker’s compensation lawyer is that all correspondence can go through them. The bully no longer can talk directly to you they need to go through your attorney. Protect yourself from bullies and stop them from getting their way. Get yourself an expert Idaho workers’ compensation attorney.

A common military tactic used through history is cutting off an enemies supply chain and starve them until they submit. It can be effective and can last for a very long time. Idaho worker’s compensation claims can be lengthy. They can take months even years. You cannot settle your claim until you have fully recovered and gone back to work or proven you can’t return to work. Often worker’s compensation injuries can leave you without a job and income. The worker’s compensation insurance companies know this and will test your resolve to stick it out until they put real money on the table. Don’t let them coerce you into a settlement that is much lower than the true value of your claim.

If you were just injured in an industrial accident prepare for the future. While you still have some savings, receiving some wages or getting some benefits, start hunkering down. Prepare yourself for what could be a lengthy claim. Cut out unnecessary costs or even downsize if you have to. Look into government aid for help. Contact an experienced Idaho worker’s compensation lawyer. We can help you navigate through the rough spots. Prepare now so you aren’t at the mercy of a worker’s compensation insurance company for a　 settlement. Don’t let a lengthy Idaho worker’s compensation claim force you into submission.

By Fred J. Lewis and McKaid Shepard

We have all heard that saying, right? It doesn’t matter how good your Idaho worker’s compensation attorney is, they need your help. We simply can’t do it all for you. One component in particular is your work search journal. Going out and looking hard to find a job is extremely valuable in your Idaho worker’s compensation claim.

Many work related accidents leave you without a job because you can’t do your old job because you are injured. Unfortunately it happens too often. You may have restrictions that disqualify you for most jobs available, but you still need to apply. If you can bring to the table and show that because of the work injury you can’t find a job, the value of your Idaho worker’s compensation claim increased immensely. It is the way you as the injured worker can increase the value of your Idaho worker’s compensation case.

By Fred J. Lewis and McKaid Shepard

The short answer is yes it can. You may think whatever you share, post, tweet or tag will have no impact on your case, but that is not true. It is a common practice in Idaho worker’s compensation for the insurance company’s attorney to request Facebook and other social media profiles. They are looking for anything to use against you in your claim. If there is a post in there of you after your work related accident boating, hunting, working or any physical activity, this could be used against you in your Idaho worker’s compensation claim.　 Even if that picture was taken before the accident and you are just posting at a later date, it may still complicate or delay your claim.

Your social media is not as private as your think. The Idaho Industrial Commission, who serve as the judges in Idaho Worker’s compensation cases will order that you turn over the contents of your private social media posts including Facebook. Be careful what your post, tweet and share during the process of your Idaho worker’s compensation claim. It can be used against you and be used to decrease the value of your claim.

By Fred J. Lewis and Mallory Mitton

In the Idaho worker’s compensation decision of Davis v. Hammack Management Inc., decide by the Idaho Industrial Commission on October 6, 2015, the claimant in the case filed a petition for the Idaho Industrial Commission to rule on whether the then new decision from the Idaho Supreme Court of Corgatelli v. Steel West, Inc., applied to the lump sum settlement agreement (LSSA) in the Davis case. Davis, the claimant, argued that his LSSA “unfairly requires Petitioner to waive his full statutory total permanent disability benefits, and adversely affects the timing of ISIF’s total permanent disability payments. Petitioner also wishes the Commission to evaluate the LSSA for ambiguity, and to order the payment of attorney’s fees by Employer and ISIF because they have contested Petitioner’s request for the “full measure” of his TPD benefits”. To summarize, the claimant believed that his LSSA was not giving him all of the benefits that he was entitled to.

The Industrial Commission ruled that Idaho Code section 72-318 prevented the claimant from attaching the LSSA, even though Corgatelli would have dictated a different outcome.

By Fred Lewis and Mallory Mitton

Sometimes so called “independent contractors” can successfully bring worker’s compensation claims.

The 2016 Idaho Industrial Commission decision Youren v. Treasure　 is an interesting case that examines whether the claimant is an employee or an “independent contractor”. Under Idaho law, employees injured in work related accident are “entitled to medical, temporary disability, and permanent impairment benefits as well as attorney fees, costs, and penalties” while independent contractors are not entitled to those benefits.