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Date: 08-15-2023
Case Style:
Case Number: 49704
Judge: Bevan
Court: Idaho Supreme Court on appeal from the Idaho Industrial Commission
Plaintiff's Attorney: See: Mike Kessinger
Defendant's Attorney: Bonner County Prosecutor's Office
Description: Boise, Idaho workers' compensation lawyer represented Claimant seeking workers compensation benefits for an on the job injury.
Watkins, a police officer with the Ponderay Police Department, injured his knee while chasing a suspect. Because Watkins was injured during the performance of his duties as a police officer, he was eligible to receive his full base salary during the period of his disability under the Peace Officer and Detention Officer Temporary Disability Act. Rather than receive payments under the Act, Watkins accepted worker’s compensation benefits from the Idaho State Insurance Fund. Nearly a year later, Watkins filed a complaint against the City of Ponderay seeking payment of his full base salary. The Commission fashioned a remedy which required the City to pay Watkins his full base salary, but reduced that amount by the worker’s compensation payments Watkins had already received. Watkins appealed, arguing the Commission failed to follow the Act and exceeded its authority by ordering that the City receive a credit for benefits Watkins received.
Outcome: Reversed.
Plaintiff's Experts:
Defendant's Experts:
Comments: