Idaho Law Blog

8 Reasons to Update Your Estate Plan in 2017

Published on: January 27, 2017 | by Racine Olson

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

Employers Have to Report Industrial Accidents

Published on: January 27, 2017 | by Racine Olson

By Fred J. Lewis

Idaho Code §72-602 requires that employers complete and file a first report of injury form no later than ten days from the date of the injury. It is actually a criminal act for your employer to refuse to file this form. However, before your employer is required to file the form, you obviously have to tell them about the accident. Under Idaho Code §72-701, you only have 60 days from the date of the accident or manifestation of the occupational disease to tell your employer about your injury. In Petry v. Spalding Drywall, the injured employee waited 18 months after the accident. Since the employer could not read the mind of the employee and know that he was hurt, they of course did not file the first report of injury. The claimant was denied benefits since it had been more than 1 year from the date of the accident until he told his employer about the accident and injury.

Idaho Code §72-702 states that the injured employee does not have to give actual written notice of their accident or injury. Under Idaho law it is okay if you just orally tell your employer that you had an accident and that you were injured.

Are Non-compete Agreements in Idaho Enforceable?

Published on: January 25, 2017 | by Racine Olson

By Joseph G. Ballstaedt

Usually a non-compete agreement refers to a contract between an employer and an employee whereby the employee agrees not to engage in a trade or profession that competes with the employer’s business. Sometimes these agreements are called “non-compete clauses,” “covenants not to compete,” or “restrictive covenants.” They generally extend beyond the term of the employment relationship. For example, a hospital may want a doctor to sign a non-compete agreement prohibiting an employee doctor from practicing medicine within 50 miles of the hospital for a year after employment. This agreement would protect the hospital’s business since the doctor couldn’t quit, start up a private practice in the same area, and steal patients from the hospital—at least not without breaking the non-compete agreement and risking being sued in court.

Although almost every state, including Idaho, allows non-compete agreements, a few do not. There are good policy reasons behind allowing non-compete agreements, including allowing parties the freedom to contract, protecting legitimate business interests, and incentivizing employers to provide expensive on-the-job training. On the other hand, others argue non-competes hurt the economy because they stifle worker mobility and the spread of ideas. Also, some claim non-competes create unemployment because people are prohibited from using their professional skills. Low-skilled employees such as fast-food workers seem to be especially harmed by non-competes.

3 Tips for Starting the New Year Off Right with Your Estate Planning

Published on: January 25, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

New Year is upon us and with it comes an opportunity for us to change and improve our lives. I have a number of clients who tell me that part of their New Year’s resolutions is to either complete or update their Estate Planning. I am a firm believer that everybody should complete their Estate Planning. Here are 3 tips that can help you complete your Estate Planning for the new year.

GET AN ESTATE PLANNING QUESTIONNAIRE

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

Published on: January 25, 2017 | by Racine Olson

By Fred J. Lewis

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