Idaho Law Blog

You Cannot Pledge Your Idaho Workers’ Compensation Claim as Collateral

Published on: December 22, 2016 | by Racine Olson

For many years, Oasis Legal Financial or other similar legal funding companies have provided cash to injured workers who needed money prior to the settlement of their case. These were contingent loans that were not required to be paid back if the Idaho Workers’ Compensation claimant was unsuccessful with their Idaho Workers’ Compensation claim. However, since the Industrial Commission’s decision of January 13, 2012, Oasis and other legal lending services no longer loan money to Idaho Workers’ Compensation claimants.

In its decision, the Idaho Industrial Commission found that Oasis purchase agreements amount to illegal assignments of workers’ compensation benefits, which is prohibited under Idaho Code Section 72-802. In the fall of 2010, the Commission became concerned about the propriety of the Oasis purchase agreements. The Commission ordered an order to show cause hearing to determine the enforceability of the contracts on three different cases based on their own motion. One of my clients had money loaned to him by Oasis. Since the Commission decided that the purchase agreements were unenforceable, the Commission ordered that my client and others with Oasis loans only had to pay back the principal amount that had been loaned to them instead of annual interest that, in some cases, exceeded 120%.

ITD Reapplies for FASTLANE Grant for Congested Portion of I-84 in Canyon County

Published on: December 22, 2016 | by Racine Olson

A FASTLANE (Fostering Advancements in Shipping and Transportation for the Long-term Achievement of National Efficiencies) grant which was previously denied to ITD and the Community Planning Association of Southwest Idaho has been resubmitted to acquire funding to widen I-84 from 2 to 3 lanes between Franklin Boulevard and the underpass at Karcher Road in Nampa. $850 million is available to applicants in this grant program.

In a five-year period from 2010 to 2014, I-84 had 96 crashes around the Northside Boulevard area. ITD statistics indicate there were 4 serious injury crashes, 11 visible injury accidents, 6 possible injury crashes and 24 property damage crashes within a quarter-mile of the Northside Boulevard exit on eastbound I-84 during this time period. On westbound I-84 within a quarter-mile, there was 1 serious injury crash, 5 visible injury crashes and 19 property damage crashes.

Traffic data shows that almost 80,000 vehicles travel on this stretch of I-84 during an average weekday. The safety risks and congestion problems warranted the evaluation and goal to improve the interstate.

“Prepare – Be Aware” Winter Safety Campaign by ITD

Published on: December 21, 2016 | by Racine Olson

The Idaho Department of Transportation (“ITD”) launched its second annual Winter Safety Campaign “Prepare – Be Aware” to alert and educate drivers regarding safe driving during the winter months.

As the first snow fell in various locations throughout the state, many accidents have been reported with injuries and fatalities. On December 6^th, a 37 year-old, Brandy Romero from Twin Falls, was killed on westbound I-84 west of Burley when her vehicle left the road and rolled. Romero, who was not wearing a seat belt, was ejected.

Another fatality occurred on U.S. Highway 95 at milepost 58.5, south of Fruitland on December 7^th. 50 year-old Christopher Lowe of Caldwell was driving southbound on the highway when he failed to negotiate a curve, went off the side of the road, down an embankment, struck the side of a dirt driveway and went airborne. The vehicle came to rest in a field on the west side of the highway. Lowe was also not wearing a seatbelt and had died from his injuries by the time the crash was located.

Who Should I Name as the Trustee of my Trust?

Published on: December 21, 2016 | by Racine Olson

By Lane V. Erickson

There are many kinds of trust that can be used when completing an estate plan. These trusts can be Specifically designed to protect land, eliminate taxes, Provide some Assurance for finances into the future, for An individual who has a disability or special needs, or It could be for underage children or for family members that you want to provide some support to but not give a large amount of cash to directly. The type of trust that is created often determines who should be named as the trustee. When considering who should be the trustee here are some things you should think about:

WHAT CHARACTERISTICS SHOULD A TRUSTEE HAVE?

Important Changes to Homeowner’s Association (HOA) Law

Published on: December 20, 2016 | by Racine Olson

By: T.J. Budge

The Idaho Legislature recently made two important changes in Idaho law affecting homeowner’s associations (HOAs). The changes came by way of amendments to Idaho Code § 55-115. Subsections (3) and (4) were added during the 2016 Legislative Session and took effect on July 1, 2016.

Subsection (3) prohibits HOAs from amending their covenants, conditions and restrictions (CC&Rs) to limit or prohibit the rental of property within the subdivision unless the homeowners agree to the amendment in writing. This amendment was a response to a recent Idaho Supreme Court Decision, Adams v. Kimberley One Townhouse Owner’s Association, 158 Idaho 770 (2015). In that case, a homeowner purchased a townhouse subject to CC&Rs that did not restrict an owner’s ability to rent his/her unit. Subsequently, the HOA amended the CC&Rs to prohibit rentals for less than six months. The homeowner argued that the amendment unlawfully restrained the free use of his property. The Idaho Supreme Court disagreed, upholding the rental restriction added to the CC&Rs.

Motorists Can Access 511 for Traveler Information During Winter Driving Conditions

Published on: December 20, 2016 | by Racine Olson

When driving in winter road conditions, 511 is a public service of the Idaho Transportation Department (ITD) which was designated in July 2000 by the Federal Trade Commission (FCC) to provide travelers with information about road conditions and weather via phone, the Web or by smartphone.

ITD field crews provide information to update the system. Additional information is received from the National Weather Service, Ada County Highway District, citizen reports and the Road Weather Information System. 511 is treated as a local call and most cell phones will connect; however, there may be places where reception is poor which prevents or hinders access.

Police and ITD encourage motorists to use caution and increase travel time to reach your destinations. ISP reports that many weather-related accidents occurred within the past two weeks. ISP troopers handled various crashes, slide offs and assisted many motorists who became stranded due to harsh weather. Weather conditions can change rapidly so always be prepared prior to your commute or trip. Have a passenger call 511 or pull off to a safe spot and place the call yourself.

Using a Team to Complete Your Estate Planning

Published on: December 20, 2016 | by Racine Olson

By Lane Erickson, Attorney

Estate planning is like people. There are really no to estate plans that are exactly alike. The reason for this is because each individual has unique needs and goals when creating their estate plan. Because of this when I am helping an individual complete their estate planning we often use the team approach. The team approach is simply where we include all other professionals that the person completing their estate plan has that helps them in different areas of their life. The following is a short list of the types of people who should be included on your team when you are completing your estate plan.

ATTORNEY

Estate Planning and Trustees

Published on: December 16, 2016 | by Racine Olson

By Lane V. Erickson, Attorney

The basic estate planning questionnaire that we provide to our clients ask questions that will allow us to determine whether they might need to use a trust in their estate planning. Not all Estates need to have a trust created. However, there are many reasons why at rest is a good idea. The purpose of this blog post is to not talk about the uses of a trust, but rather to talk about what a trustee does when a trust is created.

WHAT IS A TRUSTEE

Spinal Impairment Ratings under the Sixth Edition of the AMA Guides to the Evaluation of Permanent Impairment

Published on: December 16, 2016 | by Racine Olson

By Fred J. Lewis

We have now had some time to reflect on the adoption of the Sixth Edition of the AMA Guides to the Evaluation of Permanent Impairment. There were criticisms to the Fifth Edition in that it awarded too much impairment that was actually disability. One of the biggest changes from the Fifth to the Sixth Edition was a greater emphasis on the functional assessment as a component of the impairment rating. The doctors working on the Sixth Edition also tried to remove as much ambiguity as possible to improve the inter-examiner consistency. We have seen the biggest adjustments made in the spinal chapter of the Sixth Edition. These impairment ratings are now much lower. The writers of the Sixth Edition did this by assigning lower numbers to each of the classifications, which are driven by the severity of the injury. The writers of the Sixth Edition further attempted to drive down the impairment ratings by developing a grid system, which then subtracted or added to the overall impairment.

This development is of major concern to many Idaho Workers’ Compensation claimants. Most of the more serious Idaho Workers’ Compensation claims arise out of low back injuries. With the lowering of the impairment ratings, injured Idaho workers now receive less in the form of impairment rating monies because their impairment ratings are now lower. The way to work around this problem is to make sure that the disability portion of your Idaho Workers’ Compensation claim is developed by having evidence of your restrictions and documentation of your wage loss. These are the two largest non-medical factors that drive your disability claim. If your Idaho Workers’ Compensation claim is properly developed by an experienced Idaho Workers’ Compensation lawyer, you can make up for these lower impairment ratings by having a stronger disability claim from the non-medical factors in your Idaho Workers’ Compensation case.

No Need for Magic Words

Published on: December 12, 2016 | by Racine Olson

By Fred J. Lewis

In Green v. Industrial Special Indemnity Fund (Second Injury Fund), the Claimant was a sawyer who was struck by a falling tree. The Second Injury Fund appealed from the Idaho Industrial Commission’s determination that Green was totally and permanently disabled and that his disability was due to the combined effects of a lumbar fusion and cervical fusion related to the industrial accident and a preexisting thoracic fusion. The Second Injury Fund argued that the Idaho Industrial Commission made a mistake regarding the application of the “but for” test for determining Second Injury liability.

The Idaho Supreme Court specifically held that in applying the “but for” test, it is not necessary for a claimant’s physician to use magic language in rendering an opinion regarding the effects of the prior condition and the last industrial accident. The Second Injury Fund focused on two sentences in the Commission’s decision to argue that the Commission failed to apply the “but for” test. But those two sentences are: “Therefore, per Drs. Ganz and McNulty, the fact that Claimant has a preexisting T12-L1 fusion increases the risk that he will have further problems from L3-5 fusion unless he observes certain prophylactic limitations/restrictions. We believe this demonstrates that Claimant’s preexisting thoracic spine condition does combine with the effects of the work accident to contribute to Claimant’s total and permanent disability.”