Idaho Law Blog

The Three Appellate Authorities for Unemployment Benefits Decisions

Published on: January 23, 2017 | by Racine Olson

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.

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