By Fred J. Lewis
All most all of Idaho workers’ compensation cases and disputes regarding benefits are handled by the Idaho Industrial Commission. However, in the rare circumstances where your employer intends to harm you and actually does physically harm you, this creates a basis for a civil action against your employer.
A lot of what I do in this field involves helping people figure out what they need. “Intellectual property” is a fairly broad topic with a lot of different kinds of rights lumped together in a way that can lead to confusion. I have had people tell me they want to file a trademark on the copyright for their patent. If that’s you, call me and make an appointment. The initial consultation is free. I may end up referring you to a patent lawyer to prepare and file a patent application, but we may figure out that you need to register a copyright, or have an investor sign a non-disclosure agreement, or send a cease-and-desist letter to an infringer. We won’t know until we talk.
For instance, suppose you had a great idea for an invention. Your first thought may be to pull out a credit card and send a lot of money to one of the invention commercialization companies that advertise on the radio. They will take your money and file a provisional patent application, or maybe a design patent application. Those may not be what you need, but these businesses are set up to file applications, not give you trustworthy advice. A provisional patent application merely kicks the can down the road for a year, at the end of which you will need to shell out more money to actually file a full patent application. It may be that you would have been better off keeping your idea secret for a year. A design patent, on the other hand, may be inappropriate for your invention, and may actually cause you to lose your rights in your invention — the exact opposite of what a patent is supposed to do. Your money may be better spent elsewhere. A consultation with a lawyer may steer you in the right direction.
(Disclaimer: I am not a patent lawyer. I cannot file patents, I will not do a patent search, and I will not advise you whether or not an invention is patentable.)
By Fred J. Lewis
Most of the time the answer is yes. If there is a position or duty that can be reasonably done within the restrictions set by your physician, then you will need to go back to work and try the light duty job. However, if you are asked to perform work outside your restrictions on the alleged “light duty” job you need to go back to your doctor and have him or her pull you off work completely until you can recover. If your pay is less then your normal wage, under Idaho Worker’s compensation law you may be entitled to benefits which compensate your wages lost while working for a lower pay on the light duty job
John Goodell and Dan Green, and Eric Olsen, have today negotiated settlement with recovery of $100,000 for “Client,” a publicly traded international manufacturing firm of industrial and electrical equipment, at a substantial but acceptable discount, arising from long running state court mechanic’s lien complex litigation, with bankruptcy detour, relating to Hoku Materials plant construction failed project.
By Fred J. Lewis
In many Idaho workers’ compensation cases the injured party doesn’t fully recover. They often have permanent injuries which corresponded to an impairment rating. These ratings are given by a physician. Insurance companies pay these benefits monthly until paid in full, but in some instances can be paid in a lump sum. These benefits are calculated by calculating 55% of the average state weekly wage for the year in which you are injured times the percent of your impairment times 500 weeks. Let’s say for example you are awarded a 10% whole person impairment rating for a 2014 injury. For this impairment rating you should receive 55% of the average weekly wage for 2014 or $376.20 per week for 50 weeks.(10% times 500 weeks) This would calculate to a total of $18,810.00.
John Goodell recovered 11/30/15 $28,106.58 by settlement without suit of account collection for “Client” in WY paid today.
I think this guy has too many oars in the water: Published for registration under the Madrid Protocol to owner Francesco Cirillo of Berlin, Germany:
First, there’s nothing that draws customers like the sound of a screaming toddler or a college student who has stepped out of his safe place. But what the heck is he trying to sell with this mark? According to his application he is using the mark for:
“Recorded content… featuring music and animation; … audiovisual receivers; magnets, magnetizers and demagnetizers for magnetic tapes; … electrical integrated control systems for use in the field of waste water treatment, information management and communications; apparatus, instruments in the nature of electricity conduits and cables for electricity; optical devices, enhancers and correctors, namely, optical lenses; safety, security, protection and signally devices, namely, cables for optical signal transmission; diving equipment, namely, helmets; navigation, guidance, tracking, targeting and map making devices, namely, global positioning systems; measuring, detecting and monitoring instruments, indicators and controllers, namely, computer hardware; scientific research and laboratory apparatus, educational apparatus and simulators, namely, electronic clinicians training simulators; and parts and fittings for all the aforementioned goods…”
The Idaho State Journal ran this AP article on Wednesday, December 2, about trademark infringement litigation between the San Diego Comic-Con and the Salt Lake Comic Con. The Associated Press (probably actually a reporter for one of the Salt Lake papers) notes that the parties appear close to a settlement of the lawsuit, but it is a little confused about the legalities.
4The San Diego Comic-Con has run conventions in California for years, while Dan Farr Productions of Draper, Utah has run the Salt Lake Comic Con since 2013. More than 120,000 people attended the SLCC this year, in spite of a trademark infringement suit filed last year by the San Diego group in 2014.
The San Diego group (SDCC) has a number of registered trademarks, including the design mark
John Goodell recovered $111,879.26 for rollover of heavy construction equipment for client in lump sum paid as insured loss payee under rental agreement for collection client – money has been paid.
You are not responsible for any medical bills that are covered by workers’ compensation insurance company on an accepted claim; this includes 100% of medical bills – no co-payment and no deductibles. Approved Medical treatment should be billed to the workers’ compensation insurance company or the employer if self-insured. The only time that you will be responsible for the payment of medical bills is if the medical treatment is if it was not approved or if your claim has been denied. If your claim was denied and you don’t understand why, contact me or another experienced Idaho workers’ compensation lawyer and we will talk about your case.
Idaho Law Blog
