In a recent post, we discussed Chavez v. Stokes, 2015 Opinion No. 64 (July 7, 2015), and the new standard of review governing the reasonableness of medical treatment in workers’ compensation cases. Chavez is also noteworthy for another reason: the Idaho Supreme Court granted attorney fees on appeal to the respondent worker because
Is the Reasonableness of Medical Treatment in Workers’ Compensation Cases a Question of Law or a Question of Fact for the Purposes of Appellate Review?
In Chavez v. Stokes, 2015 Opinion No. 64 (July 7, 2015), the Idaho Supreme Court overturned prior precedent holding that the reasonableness of medical treatment in workers’ compensation cases is a question of law subject to free review. According to the Court, the Idaho Industrial Commission’s determination of reasonableness should be reviewed as a finding of fact under the substantial and competent evidence standard.
Chavez concerns an injured worker who was transported to a hospital by Life Flight. After the worker received a bill for the cost, he filed a complaint for workers’ compensation with the Commission. The employer disputed whether the Life Flight transport was reasonable under Idaho Code § 72-432(1) and whether he was responsible for the cost.
Continue Reading Is the Reasonableness of Medical Treatment in Workers’ Compensation Cases a Question of Law or a Question of Fact for the Purposes of Appellate Review?
The Idaho Supreme Court Applies February 12, 2015 Order to Treat Non-Appealable Order as a Final Judgment
Earlier this year, we addressed the Idaho Supreme Court’s frustration with the trial courts’ continuing failure to enter final judgments in compliance with Idaho Rule of Civil Procedure 54(a). See posts here and here. As a result, on February 12, 2015, the Court issued an order stating that “any judgment, decree or order entered
New Decision Illustrates When the Idaho Supreme Court Will Address Legal Issues That Were Not Addressed by the Trial Court
Every now and then, the Idaho Supreme Court will address issues that, although not addressed by the trial court, may arise on remand. The Court has that authority under Idaho Code § 1-205, which states: “[I]f a new trial be granted, the court shall pass upon and determine all the questions of law involved in the case presented upon … appeal, and necessary to the final determination of the case.” The Court’s decision in Doe v. State of Idaho, 2015 Opinion No. 62 (June 30, 2015), is a good illustration of the effect of that statute.
In Doe, Doe petitioned for a declaratory judgment on whether he was required to register with the Idaho Sex Offender Registry because of a prior Washington offense. Idaho law requires a person to register with the state’s sexual offender registry when convicted in another state for an offense “substantially equivalent” to an offense identified in the Idaho Sexual Offender Registration Notification Act.
Continue Reading New Decision Illustrates When the Idaho Supreme Court Will Address Legal Issues That Were Not Addressed by the Trial Court
Changes to the Idaho Appellate Rules Go into Effect on July 1, 2015
Amendments to Rules 11 and 12.4 of the Idaho Appellate Rules go into effect on July 1, 2015. The amendments relate to appeals from the Idaho Industrial Commission.
I.A.R. 11 addresses appellate judgments and orders. The amendments add a new provision, Rule 11(d)(2), that allows an immediate appeal “[f]rom any order of the Industrial Commission
The Idaho Supreme Court and Court of Appeals Announce Fall Terms for 2015
The Idaho Supreme Court and Idaho Court of Appeals published official notice of their respective 2015 Fall Terms in the June/July edition of The Advocate. The terms look like this:
Idaho Supreme Court Regular Fall Term for 2015
Coeur d’Alene ……………………………………………………………………… August 25, 26, 27
Moscow ……………………………………………………………………………… August 28
Boise (Boise State University) ………………………………………………….
Need Reversal Rates or Other Data from the United States Courts of Appeal? Review the Statistical Tables at www.uscourts.gov.
I have been drafting an article on appellant advocacy for the August edition of the Idaho State Bar’s The Advocate. As part of my research, I reviewed statistical data from the United States Courts of Appeal available at www.uscourts.gov. The website compiles statistics, by circuit, on appeals commenced, terminated, and pending in detailed
The Idaho Supreme Court Awards Attorney Fees on Appeal Under Idaho Code § 12-121 Against a Respondent Who Faced a Deferential Standard of Review.
When key issues are left to the sound discretion of the trial court, and the trial court carefully weighs the evidence in deciding those issues, should the party on the wrong side of the decision appeal? That is a difficult and recurring question facing appellants. A recent Idaho Supreme Court decision suggests that appellate attorneys
The Idaho Court of Appeals Addresses Appeal Despite Finding the Question Raised Was Moot
The Idaho Court of Appeals recently addressed when an appeal is moot and when it is appropriate for an appellate court to review an otherwise moot issue. Hansen v. Denney, 2015 Opinion No. 14 (Mar. 27, 2015), does not add much to Idaho jurisprudence on the mootness doctrine but continues a line of
Amendments of Idaho Court Rules That Impact Appeals from Magistrates to District Courts Go into Effect on April 15, 2015
The Idaho Supreme Court is implementing rule changes that will impact, for the most part, intermediate appeals from the magistrate to district court. Idaho Rule of Civil Procedure (“I.R.C.P.”) 83(a) lists the judgments or orders rendered by a magistrate that can be appealed to the district court. Currently, Rule 83(a)(4) allows appeals of “[f]inal orders