Idaho Law Blog

Protecting the elderly

Published on: January 21, 2017 | by Racine Olson

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.

Football injuries and products liability

Published on: January 19, 2017 | by Racine Olson

By Patrick N. George

Recently a Chicago varsity high school player was killed when he struck his head on the ground even though he was wearing a helmet. A lawsuit was filed against the school board and the helmet manufacturer who, ironically, also makes helmets for the National Football League. The lawsuit claimed that both the school and the manufacturer had failed to take the necessary steps to make sure that the helmet the young man was wearing would function properly during normal and expected use on the football field.

The helmet manufacturer is named Riddell and is well known throughout the country. It has been making sports equipment in Illinois since 1929 and helmets have been constructed by it for decades. The helmets have air bladders that if they are not inflated properly can be unreasonably dangerous to the user. The lawsuit claimed that this was the problem in this case and led to the death of this young man. In addition, the lawsuit claims that there was a failure to properly warn users of this risk. Although this writer has not researched this particular issue, it is reported that Riddell is facing similar claims across the country from professional players and the failure to warn them of these possible risks.

2 Ways to Use Estate Planning to Provide for a Child with Addictions

Published on: January 19, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

In a perfect world, parents would not need to be concerned about helping children with addictions. However, we live in a world where people are frail, and where addictions do exist. My clients often ask me how they can properly provide for a child who has addictions in a way that will help them and yet not support the addiction after the parent is gone. The purpose of this blog is to provide a parent in this situation with 3 ways they can use their estate planning to provide for a child with addictions.

A REGULAR TRUST

Emergency Repairs to Potholes Continue on I-84

Published on: January 18, 2017 | by Racine Olson

A seven-mile stretch of I-84 between Nampa and Caldwell sustained significant damage due to winter storms and harsh weather conditions. Large potholes formed on both eastbound and westbound lanes causing accidents and serious property damage to vehicles. Vehicles sustained damage when they struck the potholes. Some went out of control and collided with other vehicles. The reported property damage included flattened tires, damaged rims and other serious types of damage, including injuries.

Potholes form after snow or rain seep into the soil under the roadway. With extremely cold temperatures, a few days of warmer weather, then the return of freezing and below temperatures, moisture formed below the pavement that caused the ground to expand, pushing the pavement up. A cavity then forms between the pavement and ground below it as the temperatures fluctuate. I-84 has a large volume of semi-truck and heavy vehicle traffic that travels on it each day. When vehicles drive over the formed cavity, the pavement cracks and gives way into the hollow space and a pothole forms.

Recognizing the safety hazards created, ITD crews have been making temporary repairs to the roadway. Exit ramps were blocked, lanes closed and speeds reduced to allow the repairs. This stretch of I-84 was scheduled to be resurfaced in 2018; however, the damage has caused ITD to advance their plans to an earlier date. The long term improvement project is budgeted for $15 million.

4 Questions About Leaving Assets to Your Children

Published on: January 17, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

In the course of my estate planning practice I have found that parents often have questions about how to leave property for their children. There are as many types of options available to a person in crafting their estate planning as there are people. however, I do find that for specific questions seem to arise regularly with my estate planning clients. The purpose of this blog is to list these four questions and provide a simple response to them.

DO I HAVE TO DISTRIBUTE ASSETS EQUALLY TO MY CHILDREN?

Injured Workers in Idaho were Given a Late Christmas Gift by the Idaho Supreme Court: Part III

Published on: January 17, 2017 | by Racine Olson

By Fred J. Lewis

In its decision, the Idaho Industrial Commission had ruled that because of the Idaho Legislature abolishing joint and several liability, an employer’s negligence was no longer an absolute bar to the exercise of its right of subrogation. The Idaho Supreme Court stated that the Commission, in establishing its “new rule”, the employer’s right of subrogation would henceforth be reduced by its proportionate share of fault contributed to the claimant’s damages. At the oral argument before the Idaho Supreme Court, I argued that the Court should stick with its 50 year old rule set forth in Liberty Mutual Insurance Company v. Adams that was decided in July of 1966. In Liberty, the Idaho Supreme Court had held that an employer who was contributorily negligent in the worker’s injury was not entitled to a right of reimbursement or subrogation in proceeds that the injured worker collected against a third party. The Idaho Supreme Court then referred back to the classic line out of the Witt v. Jackson case: “when the employee or his estate has been satisfied, and the employer seeks to recover the amount paid by him, from such third party, his hands ought not to have the blood of the dead or injured workman upon them, when he thus invokes the impartial powers and processes of the law”. The Supreme Court rejected the Idaho Industrial Commission’s new rule and held that proof of any negligence on the employer’s part that contributed to the injuries to one of their employees kills their right to assert a subrogated claim to the third-party proceeds of that employee obtains in a third-party lawsuit.

The takeaway from this Supreme Court decision is that an injured worker who receives injuries as a result of concurrent negligence from their employer and some third party has two claims. His first claim is against the negligent third party and he can collect on that claim and keep all the proceeds for himself. His second claim would be his Idaho workers’ compensation claim, which he could bring against his employer and their surety and would not have to pay any of the money back that he received from the third party claim, so long as he can prove his employer’s negligence also contributed to his injury. This is a great late Christmas present from the Idaho Supreme Court to the injured men and women of Idaho.

3 Ways Your Estate Planning Can Help Your Special Needs Child

Published on: January 15, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

Estate planning is a great process that can be used by a parent to create a customized plan in providing for their special needs child. A person with special needs is an individual who has either a mental or physical handicap or disability that limits their ability to function normally in life. Typically, a person with special needs usually requires a great deal of assistance to be able to handle the basic functions of life. The purpose of this blog is to provide three ways that you can use your estate planning to help your special needs child.

CREATE A SPECIAL NEEDS TRUST