Idaho Law Blog

ISP Reports an Increase in Wildlife Near Highways and I-84

Published on: February 7, 2017 | by Racine Olson

ISP cautions drivers across southwest Idaho to be aware of an increased number of deer and elk near highways and along I-84. The harsh winter conditions have driven wildlife closer to populated, well-traveled areas of the state.

Nationally, deer collisions are the cause of an estimated 1.23 million collisions per year, 200 deaths and $4 billion in damages each year. Drivers should be alert and scan the road for deer, elk and other danger signs.

In Idaho, thanks to the safety programs implemented by ITD and the Office of Highway Safety, deer collisions are on the decline. All drivers should keep in mind the following facts regarding deer and other wildlife: they are unpredictable; move in herds (if you see one, watch for others), dusk and dawn present the high-risk times, and they are present on all roads.

3 Reasons to Update Your Estate Planning

Published on: February 6, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

The one thing that we can count on in our lives is that things will change. Given a few years our lives may look drastically different than they did before. This is normal, and natural, but when it comes to estate planning it can cause some problems. Here are 3 reasons why you should consider updating your estate planning.

1. PEOPLE CHANGE

3 Ways Your Estate Planning Helps You While You Are Alive

Published on: February 5, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

Most people’s ideas about estate planning are just plain wrong. For instance, and most of my conversations with individuals about estate planning I learned that most people believe that estate planning has to do with how your property gets distributed upon your death. Well it’s true that this is an important part of your Idaho estate planning, it is not the only part. 　Here are 3 ways your Idaho estate planning can help you while you are alive and can enjoy the benefits.

1. PLANNING FOR YOUR OWN DISABILITY

3 Most Common Assets in an Estate Plan

Published on: February 4, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

In the course of my practice I often represent individuals who are named as Personal Representatives in the probate of a loved one. As I work with Personal Representatives one of the things I help with is determining the assets that belong to the decedent when they passed away. This is important because I often find that even spouses often don’t know all of the assets that are held by their spouse or other loved ones who have passed away. Here is a list of 3 most common types of assets that are in an estate.

1. REAL PROPERTY

Kidney Damage Due to Accidents.

Published on: February 3, 2017 | by Racine Olson

By Patrick N. George

Although we don’t really consider the kidneys when in a car accident, these small organs located in the small of a person’s back are vital to our welfare. Kidneys are pretty well protected since due to layers of muscle as well as the rib cage, but they can be injured in an automobile accident. When a kidney in injured, it can have terrible implications for a person due to the number of functions a kidney performs.

Trauma

The 3 Main Duties of a Trustee of an Estate Trust

Published on: February 3, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

A trust, commonly used in a family or with individuals who have extensive assets and want to protect those, and or by individuals who simply want to avoid probate, are effective and transferring property to heirs. I often have individuals who are named as Trustees of a trust seek my legal advice about what their duties and responsibilities are. these mainly depend upon the trust that is being administered, but I have found that there really are three main duties of trustee has in administering an estate trust.

1. PROVIDE NOTICE TO BENEFICIARIES

The 3 Main Duties of a Personal Representative

Published on: February 2, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

When clients come to me concerning dealing with the estate of a loved one who has passed away there are usually many questions they have. The person usually talking to me is the one who has been named as the personal representative in their loved one’s Last Will and Testament. One of the first questions that is usually asked by my clients is “If I am appointed as the personal representative will my duties and responsibilities be?” Well there are many things that need to be done in the administration of an estate, there really are only three main duties a personal representative has.

1. PROTECT THE ESTATE

Idaho Workers’ Compensation Insurance Companies Cannot Rely On Bogus Opinions from their Defense Medical Exam Doctors

Published on: February 1, 2017 | by Racine Olson

By Fred J. Lewis

On December 8, 2016, the Idaho Industrial Commission filed its findings of fact, conclusions of law and order in the Wilson v. Burts Manufacture and Sales and the Idaho State Insurance Fund case. In this case, the claimant had multiple injuries and was not getting better. His treating physician sent him for an EMG or nerve conduction test. The doctor who had performed the nerve conduction test lost all of the raw data but still attempted to read the remaining information he had from the nerve conduction test several weeks later. The claimant’s treating doctor described the EMG test was done in a bizarre fashion and could not be relied upon by any of the physicians examining or rendering opinions in regard to the claimant’s medical condition.

The Idaho State Insurance Fund asked Dr. Chung, a well-known defense medical examiner, to offer opinions as to causation and further medical treatment for the claimant, Mr. Wilson. Dr. Chung relied upon the bizarre EMG test and opined that the claimant had reached maximum medical improvement and needed no further medical treatment.

Slayer Statutes

Published on: February 1, 2017 | by Racine Olson

By Matthew Stucki

In the world we live in, we are constantly filled with news of crimes committed all over the world. Many of these crimes include fraud, deceit, and murder. In law school, I participated in a mock trial wherein it was alleged that an individual staged his death as an accident in order to ensure that his wife would receive a recently purchased life insurance policy. The Defense Attorney in the mock trial argued that the insurance company was not obligated to pay on the insurance policy because the husband willfully took his own life.

These types of stories bring up a very important question: Should a person be able to benefit himself or someone he or she knows from his or her own wrongdoing? More specifically, in the context of estate planning, can a beneficiary of a Last Will and Testament or life insurance policy accelerate his or her inheritance by purposely killing the maker of the Last Will and Testament or owner of a life insurance policy? As you likely expected, the answer is NO!

You Can Change Your Idaho Workers’ Compensation Doctor

Published on: January 31, 2017 | by Racine Olson

By Fred J. Lewis

On December 9, 2016, Referee Michael E. Powers submitted his decision in Walker v. Clear Springs Food Company and Liberty Northwest Insurance Corporation. The claimant in this case suffered an accident on May 25, 2004. The first hearing in this case was held on January 25, 2007. The Claimant was awarded TTD benefits, a 13% whole person PPI rating and a PPD rating of 50% inclusive of her 13% PPI rating. A second hearing was held in the claimant’s case on September 11, 2015 in relationship to the same 2004 industrial accident. On this occasion, the claimant took the position that she had become totally and permanently disabled. Her Idaho Workers’ Compensation attorney argued that her treating physician, Dr. Verst, had abandoned her by failing to respond to her attorney or the surety. The claimant requested a change of physician under Idaho Code Section 73-432 (4) (a) which provides that a claimant may petition the Commission for an order allowing a change of physician under certain circumstances.

The Commission granted the claimant’s request and Dr. Hammond, a neurologist, became the claimant’s treating physician. Dr. Hammond testified in both proceedings and supported the claimant’s position that she was totally and permanently disabled. Dr. Hammond relied upon a functional capacity evaluation or FCE completed by Dr. Bryan Wright. Dr. Hammond testified that the FCE the claimant underwent shows the maximum that she could do at the time of the FCE, not what she is capable of doing (with much less on a daily workday basis). 　In other words, the FCE sets the top limits of the claimant’s abilities to lift, sit, and stand and under working conditions, the claimant’s abilities may be much less than Dr. Wright had set forth in his FCE. Dr. Hammond testified that any potential employer would need to make accommodations for the claimant’s physical restrictions, medication usage with significant side effects, and time off work as needed.