Idaho Law Blog

No Double Recovery In Idaho Workers’ Compensation Cases

Published on: June 29, 2015 | by Racine Olson

By Fred Lewis and George Casper

In Idaho Worker’s Compensation cases where the injury is partially caused by a third party (resulting in two separate lawsuits), there is a big misconception that one can gain a cash settlement that is larger than the actual value of the case. Some argue that workers with legitimate third party claims can hit the lawsuit lottery if they are able to sue multiple entities at the same time. This is simply not the case. The type of recovery described above is called a “double recovery” in the legal world and expressly prohibited. In order to protect against a double recovery for an injury, the ruling court (in the case of a Worker’s Compensation case, this would be the Idaho Industrial Commission) will make sure that there is no double recovery. This basically means that the employer’s insurance company would lose their chance at reimbursement of their subrogated claim (what they have paid in medical bills and disability benefits) if the employers is found negligent. The only exception to this would be if the worker’s compensation benefits and the benefits won in the third party case add up to be more than the actual value of the case.

In order to better illustrate exactly what would constitute a double recovery, here is an example:

Idaho Drowsy Driving

Published on: June 26, 2015 | by Racine Olson

By Pat George

A recent study shows that 40% of U.S. drivers will doze off while their driving at some point in their lives. This fact is frightening not just for drivers across the country, but right here in Idaho. In fact, in 2009 there were 563 car accidents due to drowsy driving. Driving drowsy is just as dangerous as drunk driving since fatigue slows reaction time and impairs judgment.

Its important to report those drivers that you suspect are impaired while driving whether this is due to alcohol or fatigue. This protects you, your loved ones, and all of us in Idaho.

Driving Under The Influence In Idaho

Published on: June 24, 2015 | by Racine Olson

By: Fred Lewis and George Casper

Driving under the influence of alcohol or other drugs is a serious issue for today’s motorists. It is one of the main causes for car accidents in the United States. In 2013 alone, over 32,000 people were killed in alcohol-related car accidents. Thousands of others have suffered serious personal injury. If you are involved in an automobile accident with somebody who has had one, two, or ten drinks too many, you need to seek legal action against that driver.

driving If you do decide to bring suit against an impaired driver (you’d be misguided not to), it is important to know where the person was drinking. According to Idaho Code 23-808, the business selling the alcohol to the drunk driver can be indicted as a co-contributor to the car accident under dram shop liability. Dram shop law states that liability can be thrust upon establishments that provide alcoholic beverages if they sell drinks to visibly intoxicated persons or minors who subsequently cause death or injury to third parties not associated with the establishment. Dram shop can be especially useful if the drunk driver who caused the car accident is either underinsured or uninsured.

Idaho Car Accidents & Cell Phone Use

Published on: June 22, 2015 | by Racine Olson

By: Fred Lewis and George Casper

It is widely said that there are two certainties in life: death and taxes. This statement is incorrect. There are actually three certainties in life: death, taxes, and car accidents. Ever since Henry Ford created an assembly line able mass produce his Model-T at an affordable price for all middle-class Americans, there have been car accidents. There are, on average, about 10 million car accidents a year in the United States. This figure includes every type of car accident from the minor scrape to the colossal, car-totaling catastrophes that generally result in personal injury. It is said that the average person gets into 3 to 4 automobile accidents in their driving lifetime, so why increase the chances by using a cell phone while driving? Most everyone knows that using a cell phone while driving is dangerous, but still do it anyways. This is especially true for the younger population, whom consider their cell phone to be their lifeline to society.

A study conducted in 2006 by David Strayer, Frank Drews, and Dennis Crouch on the effects of operating a cell phone while driving found drivers using cell phones “actually exhibit greater impairments (i.e., more accidents and less responsive driving behavior) than legally intoxicated drivers.” To put this in perspective, the most recent traffic safety data found that 32,719 people died from alcohol-impaired driving crashes in the United States. The phrase “using cell phones” includes taking phone calls, texting, and using hands-free technology. Texting was found to be the most dangerous from of cell phone use for fairly obvious reasons. The Idaho State Legislature enacted Idaho Code 49-1401A in 2012 in order to ban texting while driving.

When Our Clients Win, You Win

Published on: June 18, 2015 | by Racine Olson

Racine Olson has been representing everyday Idahoans for more than 75 years. The firm’s founder, Louis F. Racine Jr., understood well the hard work of people like you who raised this community up out of the high desert earth. “Racine” strived to ensure that the negligence and misconduct of others would not jeopardize all that his clients had worked hard to achieve.

Today, the Idaho personal injury attorneys of Racine Olson carry on Racine’s legacy. We have the only physician-attorney practicing in Idaho. In addition, we have a state policeman, now attorney practicing with us. When people retain lawyers at Racine Olson, they don’t get just one attorney, they get the combined experience of all the lawyers in one of the largest and oldest personal injury law firms in Idaho. Like our founder, we understand that success is no coincidence. Through zealous advocacy, hard work and commitment, our personal injury attorneys team up to get Idahoans the recovery they deserve.

But, that’s not all our attorneys accomplish when they represent everyday people. In addition to achieving compensation for these clients, our attorneys make Idaho a safer and better place for us all.

What Is A Contingency Fee For Idaho Law Cases?

Published on: June 12, 2015 | by Racine Olson

A contingency fee is a fee charged by a lawyer for his/her services that are paid to the lawyer by the client, only if the client’s case is successful or settled favorably out of court. Contingency fees are usually in the range of 25% to 40%, depending upon whether the case is settled without the need of a lawsuit, whether suit is filed, or whether there was an appeal involved in the lawsuit.

Often times there are costs incurred in the lawsuit process such as the costs associated with the filing of suit, serving the Complaint and Summons, deposition costs, expert fees, and medical records retrieval. These costs are separate from the contingency fee and are often times advanced by the lawyer for the client. Upon resolution of the client’s case, the attorney is paid for the costs advanced.

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Ninth Circuit Finds Idaho Abortion Laws To Be Unconstitutional

Published on: May 29, 2015 | by Racine Olson

Racine Olson partner Richard Hearn, M.D., prevailed both as a lawyer representing Jennie McCormack and his own challenge as an Idaho licensed physician to the constitutionality of Idaho’s laws regulated abortions. In a unanimous opinion authored by Judge Pregerson, the Ninth Circuit found that most of Idaho’s laws regulating a women’s right to choose were facially unconstitutional.

You can also read the final appeallate decision by clicking on the image below.

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What’s Mediation & Why should I Consider It For My Workers’ Compensation Case?

Published on: May 5, 2015 | by Racine Olson

Mediation is a voluntary, informal meeting between the people involved in a disputed workers’ compensation claim. The goal of the meeting is for all sides to reach agreement on a fair solution to the dispute.

A neutral Industrial Commission mediator who has experience in resolving disputes assists in mediation. The mediator conducts the meeting but does not give advice to the participants. Mediation is often requested because it:

Makes Everybody a Winner. All participants must agree to mediate a dispute or mediation will not take place. The participants control the outcome. Everybody must be in agreement for a settlement to be reached.

How Does The Formal Hearing Process Work For Idaho Workers’ Comp Claims?

Published on: April 27, 2015 | by Racine Olson

To begin the formal hearing process, you must file a Complaint Form with the Industrial Commission. You may obtain a copy of the Complaint Form from the Industrial Commission or your attorney.

To obtain a date for your hearing, you or your attorney must file a “Request for Calendaring” with the Idaho Industrial Commission.

Idaho Industrial Commission

What If I Don’t Receive My Idaho Workers’ Comp Benefits To Which I Believe I’m Entitled?

Published on: April 24, 2015 | by Racine Olson

If you believe you are entitled to receive certain workers’ compensation benefits and are not receiving them, you should:

Talk directly with your employer and your employer’s insurance company about your concerns.

If your employer or your employer’s insurance company cannot help you with your questions or concerns, contact an Idaho Industrial Commission Compensation Consultant, by calling 1-208-334-6000, toll free 1-800-950-2110 V/TDD.