Idaho Law Blog

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

Published on: February 1, 2017 | by Racine Olson

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.

3 Most Common Questions About Estate Planning

Published on: January 31, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

I’ve stated in my previous blogs many times that I am passionate about Idaho Estate Planning. 　I firmly believe that almost all individuals will benefit from creating and having a current Estate Plan. 　In fact, during my 18 years of practicing Estate Planning I’ve never come across an individual whose live wouldn’t be benefited from having an Estate Plan. 　Given that a new year is upon us, I wanted to list the 3 Most Common Questions my clients have about Estate Planning in an effort to encourage you to complete your Estate Planning.

1. IS ESTATE PLANNING IMPORTANT FOR ME?

3 Reasons to Not Gift Your Home to Your Child

Published on: January 30, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

Several times over the last year I’ve had clients talk with me about their Estate Planning. In the course of our conversations I have learned that some of my clients have taken the step of gifting their home to their child, either out-rightly or through a Deed as a joint tenant with a right of survivorship included. My clients have indicated that they feel like it is a good idea to either give their home away to their child or to have their name on the title of the home with them. Sometimes my clients believe that by doing this they have taken care of the home and don’t need to worry about it as part of their estate planning. Here are the 3 main reasons why it is not a good idea to either gift away your home to a child or to name your child as a joint owner on a home with you.

1. YOUR CHILD’S CREDITORS

Fatal Crash in Canyon County – Tragic Loss for Small Community

Published on: January 30, 2017 | by Racine Olson

On Friday, January 27, 2017, a two-vehicle crash occurred on State Highway 19 at Allendale Road in Canyon County resulting in a fatality. ISP continues its investigation of this crash.

Twenty year-old Ismael Fernandez of Wilder was traveling westbound on the state highway when he crossed the center line and struck a Freightliner hauling two trailers loaded with beets. The Freightliner jackknifed and the second trailer overturned onto its side.

Fernandez, who was wearing a seat belt, was ejected from his SUV and transported to St. Alphonsus Medical Center in Boise where he succumbed to his injuries. It is still unknown what made Fernandez’s vehicle cross the center line.

Will any State or Federal Taxes Have to Be Paid on My Estate When I Die?

Published on: January 29, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

Often my clients use estate planning not only as a way of transferring property to heirs but also as a tax planning tool. In doing so my clients always want to know whether there is state will be required to pay any state or federal taxes when they die. The good news is that in Idaho there is no estate tax. As a result, no taxes need to be paid to the state of Idaho once a person passes away. However there is a federal tax. this provides additional information about the federal tax.

TAXABLE ESTATES

Disability is Inclusive of Impairment

Published on: January 29, 2017 | by Racine Olson

By Fred J. Lewis

On November 23, 2016, the Idaho Industrial Commission decided to substitute their opinion for the findings of fact and conclusions of law authored by Referee Alan Taylor. The Commissioners felt compelled to do so because of the competing opinions of Terry Montague and Dr. Mary Barros-Bailey. Apparently the Commissioners believed that there was still some ambiguity over the Supreme Court’s decision in Corgatelli v. Steel West, Inc. They included the following discussion:

The workers’ compensation laws recognize a distinction between permanent impairment and permanent disability. Sund v. Gambrel, 127 Idaho 3, 896 P.2d 329 (1995); Corgatelli v. Steel West, Inc., 157 Idaho 287, 335 P.3d 1150 (2014). Quoting from Seiniger Law FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER – 25 Offices, P.A. v. State of Idaho ex rel Industrial Commission, 154 Idaho 461, 299 P.3d 773 (2013), the Corgatelli Court observed:

5 Things You Should Do With Your Estate Plan for 2017

Published on: January 28, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

A new year is upon us and with the new year is an opportunity to make changes that will benefit your life for the better. One of the major things that an individual can accomplish to improve their situation is to complete their estate planning. Here is a list of 5 things that you can do immediately this new year to give yourself greater peace of mind.

1. TALK TO AN ATTORNEY ABOUT ESTATE PLANNING

8 Reasons to Update Your Estate Plan in 2017

Published on: January 27, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

Estate planning is like our own lives. It is not a static thing. There really is no it’s completed so now I don’t have to worry about it faze when it comes to estate planning. The reason for this is because our lives are constantly changing. Additionally the lives of those that we interact with, and that we love which include our family and friends are also always changing. When changes occur, our Estate Planning may be affected and we may need to change our Estate Planning to meet and deal with each new change. So what are the major changes that would cause us to update our Estate Planning. Here are the top 8:

THE BIRTH OR ADOPTION OF A LOVED ONE