Idaho Law Blog

The Idaho Workers’ Compensation Insurance Company Can Send You to Their Doctors More Than Once

Published on: January 25, 2017 | by Racine Olson

Many people who are hurt on the job in Idaho find it very frustrating that the Idaho Workers’ Compensation insurance company can send them to doctors that they choose. These so called independent medical evaluations requested by your Idaho Workers’ Compensation insurance company can happen more than once during your recovery from your industrial accident. Idaho Code §72-433 gives your Idaho Workers’ Compensation insurance company the right to send you to their doctors “at reasonable times and places”. If you do not submit yourself to these so-called independent medical evaluations, or in any way obstruct the examination by the independent medical evaluator, your right to take or prosecute your Idaho Workers’ Compensation claim will be suspended until such time as you submit yourself for the independent medical evaluation pursuant to Idaho Code §72-434.

The good news is that the Idaho Industrial Commission more often than not will give greater weight to your treating doctor and his or her opinions regarding your Idaho Workers’ Compensation claim.

ITD’s Office of Highway Safety Encourages Agencies to Apply for Safety Grants

Published on: January 25, 2017 | by Racine Olson

zero ITD’s Office of Highway Safety Encourages Agencies to Apply for Safety Grants

The National Highway Traffic Safety Administration (NHTSA) is offering grants for safety improvements through February 17, 2017. The NHTSA funding supports safety programs regarding safety restraint use, distracted driving, impaired driving, aggressive driving, youthful drivers, roadway safety and other problem areas.

NHTSA reports that from 2011 through 2015, traffic crashes were the leading cause of unintentional injury deaths for Idahoans aged 1 to 34 years. The statistics indicate that a traffic crash occurred every 22 minutes, a person was killed every 40 hours, and another was injured every 40 minutes in 2015.

The Three Appellate Authorities for Unemployment Benefits Decisions

Published on: January 23, 2017 | by Racine Olson

By Joseph G. Ballstaedt

In Idaho, you may be eligible for unemployment benefits if you meet monetary eligibility requirements and personal eligibility requirements. You must be ready and able to work, and you must have quit your previous job with good cause related to the employment (wages, hours, working conditions of the job, etc.) or, if you were fired, you cannot have been fired for misconduct related to your employment.

After you file for unemployment, the Idaho Department of Labor will make an “Eligibility Determination,” the first decision made on your claim. The Department makes this determination using facts gathered by the local office. Following this initial determination, there are three higher authorities that can hear appeals.

Unidentified Driver Causes Injury Crash Near Idaho Falls

Published on: January 23, 2017 | by Racine Olson

ISP is seeking the public’s help in identifying a driver who contributed to a single vehicle crash on Wednesday, January 18, 2017 at approximately 9:40 a.m. The injury crash occurred on northbound I-15 at mile marker 116.6 near Idaho Falls. ISP reports that a 24 year old female was driving a 2006 Volvo passenger car on the northbound interstate. An unidentified black vehicle traveling in front of the Volvo braked abruptly and made an illegal U-turn in the emergency crossover. The driver lost control of her Volvo while trying to avoid a collision and rolled onto the right shoulder. She was transported to a local medical center by ambulance with unknown injuries.

ISP requests any witnesses to this accident to contact dispatch by calling 208-525-7277. Assistance in identifying the driver of the black vehicle is necessary. The crash remains under investigation.

A reminder to motorists was issued by the ISP that the crossovers in the median on highways and interstates are for use by authorized and emergency vehicles only. That includes making U-turns. The crossovers are used by emergency and law enforcement crews to gain access to accidents and emergency scenes and also to patrol traffic. Any usage, even by those authorized to do so, must be done in a safe manner so that the public’s safety is not jeopardized.

You Can Get Paid For Your Travel and Meal Expenses That Relate to Your Idaho Workers’ Compensation Claim

Published on: January 23, 2017 | by Racine Olson

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 rules adopted thereunder recognize this hardship that is placed on injured Idaho workers. Any miles that you travel over 15 miles to a health care provider are reimbursed by the Idaho Workers’ Compensation insurance company at $0.555 per mile. There is a specific travel reimbursement request that you can find on the Idaho Industrial Commission website.

You can also be reimbursed for your meals if you have to travel long distances to get the medical care that you need. You need to keep receipts for these reimbursements which can be up to $30 per day in state and $46 per day out of state.

3 Advantages of Having a Last Will and Testament

Published on: January 23, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

It is estimated that every day in the world there are over 320,000 births, and 250,000 deaths. One of the inescapable truths about life is that eventually we will all die. Another inescapable truth is that during our lives we accumulate and collect things that we own that have to be dealt with after we die. Having a Last Will and Testament provides a number of advantages for individuals who own property that needs to be distributed upon their death. The purpose of this blog is to discuss 3 advantages of having a Last Will and Testament.

AVOIDS INTESTACY

Protecting the elderly

Published on: January 21, 2017 | by Racine Olson

By Patrick N. George

The baby boomers are getting older, the population of the United States is aging, and with these two facts colliding, it is becoming more and more difficult to find quality care for our elderly loved ones. It used to be that children could care for their parents, but with the aging population, this often means caring for grandparents and parents. Furthermore, the natural caregivers are frequently having to be employed to meet their own needs. In short, this is becoming a difficult problem both for society and individual families.

Fortunately, many elderly people remain independent and capable of taking care of themselves with a minimal amount of help from family or home care assistance. However, it cannot be escaped that as a person grows older oftentimes complete assistance is needed to care for the elderly and ease the burden on family member. It would be wonderful if the elderly received round the clock care by competent professional in a facility that genuinely cared about them. Unfortunately, this is not always the case.

Winter Storms Continue to Cause Accidents Across the Treasure Valley and State

Published on: January 21, 2017 | by Racine Olson

Winter storms bringing record amounts of snowfall, sub-zero temperatures, freezing rain and rain have caused hundreds of slide-offs and accidents across the Treasure Valley and the state. Travel advisories and warnings were issued by the National Weather Service cautioning motorists to remain off the roadways if possible.

Several city mayors throughout the Treasure Valley including Boise, Eagle, Meridian, Nampa and Caldwell declared their respective cities a state of emergency. Schools have remained closed for several days due to snow and ice on the roads and streets. ACHD, ITD and county and city crews have worked tirelessly to keep up with snow removal on major arteries and highly traveled roads. Soldiers of the Idaho National Guard stepped in to assist with snow removal in local neighborhoods in Ada County since agencies were overwhelmed.

A single vehicle accident was reported Tuesday, January 10, 2017 on the I-84 connector near the Franklin Road overpass that left a Toyota Sequoia dangling against the guardrail, nearly rolling off onto the roadway below. Traffic was snarled both directions of the interstate due to an early morning snowfall and ice-covered pavement which had accumulated overnight due to a drop in temperatures. Another crash on Tuesday on westbound I-84 near the Eagle off ramp blocked lanes of travel causing delays.

Gifting to Minors Through a Testamentary Trust

Published on: January 21, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

In my estate planning practice I am often helping individuals make plans for providing and protecting their minor children. Often though, I am working with older individuals whose children are all adults. In this circumstance my clients often feel that their estate planning is much more simplified. However, when there are grandchildren involved things may not be as simple as they seem.

Sometimes a client asks questions about distributions if their child predeceases them. In this circumstance the client has usually stated in their Last Will and Testament that when a child predeceases them, that child’s share will go to the surviving children of the deceased child, or to my client’s grandchildren. Unless the client’s estate planning is specific and states otherwise, the grandchildren will automatically receive those assets at age 18. This is true because and Idaho a person is considered an adult at the age of 18.

All Idaho Workers’ Compensation Claims Have to Be Adjusted by Idaho Adjusters

Published on: January 20, 2017 | by Racine Olson

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 acceptance or denial of the claims, authorization of medical treatment, and the payment of all income benefits.

Idaho workers’ compensation claims also require the management of the injured workers’ medical treatment. This has to be done through the in-state licensed adjuster and not by a case management nurse, whether they are inside or outside the state of Idaho. The Idaho adjusters can consult with doctors or nurse case managers before making their decision but they have to make all final decision in the injured workers’ health care management within the state of Idaho.