Idaho Law Blog
By Fred J. Lewis and Mallory Mitton
The general public’s ideas about the legal system are often shaped by TV shows such as Law and Order: SVU, The Good Wife, and Fairly Legal. The plaintiffs and defendants in these fictional courtrooms are enemies who battle it out using any means necessary to win. These are highly sensationalized and exaggerated representations of what really occurs in criminal cases and civil litigation. In contrast, worker’s compensation proceedings should not be like this at all. The entire purpose behind worker’s compensation laws is to get injured workers fair compensation for their injuries. It has been said that worker’s compensation cases are” nice guy law” where all the parties need to act civility and politeness. The junkyard dog approach will not be tolerated.
The definition of “nice guy law” is illustrated in the 2016 Idaho Industrial Commission decision Salinas v. Bridgeview Estates. The Commission states “…the ‘no-holds-barred’ mentality which is often a part of civil litigation has no place in workers’ compensation proceedings. Unlike civil litigation, which is truly an adversarial-based process, the goal of workers’ compensation – to provide an injured employee with those statutory benefits to which the worker is entitled – should be shared by all parties”. Because the goal of worker’s compensation is to provide injured employees with the benefits they need, no one loses if that goal is shared by everyone involved in the case as it should be!
In Salinas v. Bridgeview Estates mentioned above, The employer’s and worker’s compensation insurance companies’ attorney Al Gardner, violated the unwritten rules of Idaho worker’s compensation practice during the post hearing depositions in the case, lodging 98 objections and attempting to intimidate witnesses in various ways. Although the claimant in this case was unable to prove that she was entitled to benefits outside of some medical benefits, the Commission sanctioned the defendants by ordering them to pay the claimant’s attorney fees for Mr. Gardner’s behavior during the post hearing depositions.
To summarize, the winners in Idaho worker’s compensation cases should be the injured parties. The Idaho Industrial Commission wisely sanctioned this bad behavior.
Make sure your rights are protected. Contact me at 208-232-6101. Have someone on your side to protect your benefits. As an injured person Idaho you deserve to be treated fairly and with respect!