Tag: Preservation of Error

The Idaho Supreme Court Refuses to Consider a Key Argument in an Appeal from the Idaho Industrial Commission Because Appellant Failed to Preserve Allegations of Error

LuAnn Shubert (“Shubert”) filed a workers’ compensation claim with the Idaho Industrial Commission (the “Commission”). Shubert’s claim was heard by a Commission referee, who excluded two of her exhibits during the hearing. For the most part, the referee denied her claim, and the Commission approved and adopted the referee’s findings of fact. Shubert appealed. One … Continue Reading

Wash. Ct. of Appeals Clarifies Employees’ Rights of Recovery under the Industrial Insurance Act

Authored by Karin Jones of Stoel Rives LLP and Hunter Ferguson In Orris v. Lingley (pdf), the Court of Appeals held that an injured employee who accepted industrial insurance benefits without question is deemed to have acted within the course of employment and thus may pursue only those remedies by provided the Industrial Insurance Act (“Act”).  … Continue Reading