Doc Status: Archived

Guidance Memorandum on IDAPA 17.01.402

This memorandum will address mechanisms available to practitioners seeking to contest application of the averaging rule pursuant to IDAPA 17.01.01.402.03 on the grounds that it would be manifestly unjust to require the averaging of impairments contemplated by IDAPA 17.01.01.402.02.

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Benton v. Gabe’s Painting Reconsideration

On August 3,2022, the Commission dismissed Claimant's complaint without prejudice under Rule l2(B) of the Judicial Rules of Practice and Procedure established by the Industrial Commission effective July 1 , 2022. See Order Dismissing Complaint.

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Miller v. Yellowstone Plastics, Inc., Twin City Fire Insurance, and State of Idaho, Industrial Special Indemnity Fund Declaratory Ruling

On or about August 30,2022, Yellowstone Plastics, Inc., and its surety, Twin City Fire Insurance ("Petitioners" herein), hled their JRP 15 petition for declaratory relief, along with supporting memoranda and declaration of counsel.

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Ford v. Alberton’s, LLC and American Zurich Insurance Co.

Pursuant to Idaho Code § 72-506, the Idaho Industrial Commission assigned the above-entitled matter to Referee Brian Harper, who conducted a hearing in Boise, Idaho, on October 11, 2022.

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Caldwell vs. H.D. Fowler Company and Travelers Property Casualty Company of America Reconsideration Reconsideration

Motion for Reconsideration of the September 21, 2022, Order Dismissing Complaint. The Motion for Reconsideration is GRANTED and the September 21, 2022, Order Dismissing Complaint is vacated. Claimant's case is reinstated to active status.

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Jeffery Harper v. HSBCAMPS, LLC., d/b/a HSBACADEMY

Pursuant to Idaho Code $ 72-506, the Industrial Commission assigned this matter to Referee Douglas Donohue. A hearing was conducted on February 18, 2022. Andrew Adams represented Claimant.

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Tyler v. Masterpiece Floors INC. and Norguard Insurance Company

On November l, 2022, the parties in the above matter filed a Stipulation for Declaratory Action under JRP 15.

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Knapp v. Gem State Staffing, LLC, Idaho State Insurance Fund, and State of Idaho Industrial Special Indemnity Fund

Pursuant to Idaho Code $ 72-506, the Idaho Industrial Commission assigned the above entitled matter to Referee Brian Harper, who conducted a hearing in Boise, Idaho, on February 14,2022.

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Lopez v. Ron Bench Construction INC. and Asher

Pursuant to Idaho Code § 72-506, the Idaho Industrial Commission assigned the above entitled matter to Referee John Hummel, who conducted a Default Hearing in Twin Falls on October 19, 2022.

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Zamora v. Canyon County

Pursuant to Idaho Code S 72-506, the Idaho Industrial Commission assigned the above-entitled matter to Referee Sonnet Robinson, who conducted a hearing on October 4,2021.

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