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244 P.3d 220
Idaho
2010
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Background

  • Frank was injured in 1980 at Bunker Hill and later awarded total permanent disability in 1984, with subsequent reduction to 55% on rehearing.
  • On remand in 2004–2007 the Commission offset $10,633.25 overpayment against Frank's medical expenses and denied past/future medical insurance premiums.
  • Bankruptcy proceedings involving Gulf, Pintlar, and BLP created complex procedural history; a $40,000 reversionary trust funded medical claims for former Bunker Hill employees.
  • BLP was ultimately determined to be Frank's employer on remand; Gulf and Pintlar petitions were dismissed with prejudice.
  • Frank sought attorney fees under I.C. § 72-804 and reimbursement for insurance premiums, but the Commission and Idaho Supreme Court ultimately upheld denial.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Insurance premium reimbursement entitlement Frank argues premiums are needed to pay medical care under I.C. § 72-432. BL P contends no legal basis to reimburse insurance premiums; premiums not recoverable. No entitlement to past or future premiums; denied.
Attorney fees on remand Frank seeks attorney fees under I.C. § 72-804 for remand proceedings. Defendant argues insufficient legal basis and record to award fees. Commission's denial affirmed; no fees awarded.

Key Cases Cited

  • Giltner, Inc. v. Idaho Department of Commerce and Labor, 145 Idaho 415 (Idaho 2008) (free review of legal conclusions, defer to factual findings)
  • Wheeler v. Idaho Department of Health and Welfare, 147 Idaho 257 (Idaho 2009) (issues not supported by authority waived)
  • Frank v. Bunker Hill Co., 142 Idaho 126 (Idaho 2005) (remand regarding overpayment offset and medical benefits)
  • Bream v. Benscoter, 139 Idaho 364 (Idaho 2003) (appellate attorney fees must be supported by authority)
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Case Details

Case Name: Frank v. Bunker Hill Co.
Court Name: Idaho Supreme Court
Date Published: Nov 29, 2010
Citations: 244 P.3d 220; 150 Idaho 76; 2010 Ida. LEXIS 218; 34696
Docket Number: 34696
Court Abbreviation: Idaho
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    Frank v. Bunker Hill Co., 244 P.3d 220