RULE 18. LUMP SUM SETTLEMENT AGREEMENTS
A. Service, Form.
Documents necessary to finalize settlement under this rule shall be filed and a copy served on the other parties. The text of a settlement agreement shall be on 8.5" x 11" white paper and shall identify the attorney or party that prepared it. Supporting documents shall be complete, accurate, legible, and arranged in chronological order, beginning with the earliest date and proceeding to the most recent date; without duplicate submissions. Supporting documents must be on 8.5â€ť x 11â€ť paper. The aforementioned documents shall also be contemporaneously filed in PDF (*.pdf) format as attachments to an email delivered to AttorneyFeeMemo@iic.idaho.gov. The electronic filing is not a substitute for the provisions of paper documents; both paper and electronic filings must be made.
B. Standard of Review.
Prior to approving a lump sum settlement, the Commission will review a proposed lump sum settlement to determine whether such settlement is in the best interests of all parties.
To ensure the Commission has information on which the Idaho Code 72-404 determination can be made, Defendants (Employer and/or Surety) shall complete the Defendantsâ€™ Settlement Summary (see Appendix 5A) and shall attach the same as Exhibit A to a proposed lump sum settlement. The settlement shall include an itemization of any and all fees and costs charged by claimantâ€™s counsel prior to the submission of the agreement and an itemization of fees and costs to be deducted from the lump sum payment or payments. Claimantâ€™s attorney shall complete and submit the Claimantâ€™s Attorney Memorandum (see Appendix 5B) before the Commission will consider a lump sum settlement. Claimantâ€™s attorney shall submit the Claimantâ€™s Attorney Memorandum (in .pdf format) via email to: AttorneyFeeMemo@iic.idaho.gov.
D. Effect of Submission and Hearings.
1. The submission of a proposed lump sum settlement or agreement shall not be considered a motion. If the Commission declines to approve a proposed lump sum settlement agreement, the Commission may request additional relevant information, or on its own motion or on the motion of a party to the agreement schedule a hearing limited to the issue of whether the lump sum settlement and discharge of one or more defendants is in the best interest of all parties. There is no appeal from the Commission's decision.31
2. LSS hearings requested pursuant to this rule will be held on Thursdays between 1:00 and 2:00 pm (MST), unless otherwise ordered by the Commission. LSS hearings will be telephonic unless a request for an in-person or video hearing is included in the motion for hearing. Requests to be heard for more than 30 minutes must be included in the motion for hearing. A request for hearing under this rule may be submitted:
a. in writing by hand delivery to the Boise Office at the Chinden Campus, 11321 W. Chinden Blvd. (Bldg. #2), Boise, Idaho 83714;
b. faxed to 208-332-7558;
c. mailed via USPS to P.O. Box 83720, Boise, Idaho 83720-0041; or
d. emailed as an attached PDF to email@example.com.
Service upon all parties must still be completed pursuant to JRP 4. All requests for a lump sum hearing must be made by email if this method of service is available to the parties. Emailed requests will be considered as the original and a same day post marked original will not be required to be filed.
COMMENT: Paragraph D reflects the administrative process in reviewing proposed lump sum settlement agreements. If not initially approved, the parties may still submit additional information for consideration by the Commission. Also, an administrative hearing is available to the parties for presentation of relevant information for the Commission to consider in reviewing the lump sum settlement proposal