Leticia M. Salinas v. Bridgeview Estates

Summary

The Idaho Supreme Court reviewed an Idaho Industrial Commission award of attorney fees to Leticia M. Salinas in a workers’ compensation dispute involving Bridgeview Estates and Old Republic Insurance Company. The Court held that Idaho Code section 72-804 requires compensation to have been justly due and owing before attorney fees may be awarded under the provision concerning discontinuation of payment, and therefore vacated the fee award. A dissent argued that the Commission had found Salinas was entitled to medical treatment during the relevant period and would have affirmed.

Holdings

1. Under the third ground for attorney-fee awards in Idaho Code section 72-804, the Commission must find that the employer or surety discontinued payment of compensation that was provided by law and justly due and owing. Because the Commission found that Salinas was not entitled to payment of compensation, it could not award attorney fees under that provision, even though it found the surety's conduct unreasonable.

Questions Presented

1. Whether the Idaho Industrial Commission erred in awarding attorney fees under Idaho Code section 72-804 when it found that Salinas was not entitled to payment of compensation.

Disposition

vacated