Title 72 — WORKER’S COMPENSATION AND RELATED LAWS — INDUSTRIAL COMMISSION
17 chapters · 421 sections in this title.
Idaho Code § 72-301 Security for payment of compensation
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72-301. Security for payment of compensation. (1) Every employer shall secure the payment of compensation under this law in one (1) of the following ways: (a) By insuring and keeping insured with a policy of worker’s compensation insurance as defined in section 41-506(d), Idaho C…
Idaho Code § 72-301A Alternative means of securing self-insurance
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72-301A. Alternative means of securing self-insurance. The provisions of section 72-301, Idaho Code, with respect to security, shall be met alternatively, by the employer demonstrating to the commission that security for its self-insured worker’s compensation program is covered b…
Idaho Code § 72-302 Regulation of deposit with state treasurer
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72-302. Regulation of deposit with state treasurer. The securities so deposited with the state treasurer shall be an exclusive trust for the benefit of the employees of the employers whose compensation liability is so secured, to remain with the treasurer in trust to answer any d…
Idaho Code § 72-303 Qualification subject to regulation
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72-303. Qualification subject to regulation. To the end that payment of compensation secured by this law shall be adequately protected, the commissioner of insurance is hereby authorized and empowered to make and change from time to time such reasonable regulations as he may deem…
Idaho Code § 72-304 Prompt compensation payments required — Rules and regulations
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72-304. Prompt compensation payments required — Rules and regulations. The commission is authorized to make and change from time to time such rules and regulations as it shall deem necessary to secure the prompt payment of compensation, and after affording the surety opportunity …
Idaho Code § 72-305 Claims services and medical supervision
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72-305. Claims services and medical supervision. Each surety shall provide prompt claims services through its own adjusting offices or officers located within the state, or by independent, licensed, resident adjusters. The surety shall provide medical supervision of cases from it…
Idaho Code § 72-306 Recitals in insurance contracts
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72-306. Recitals in insurance contracts. Every policy of insurance and every guaranty contract or surety bond covering the liability of the employer for compensation shall cover the entire compensation liability of the employer to his employees, and shall contain a provision sett…
Idaho Code § 72-306A Deductible contract
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72-306A. Deductible contract. (1) A surety issuing a worker’s compensation insurance contract may offer deductibles optional to the policyholder for benefits payable thereunder so long as the director of the department of insurance approves the contract. (2) The director of the d…
Idaho Code § 72-307 Knowledge of employer to affect surety
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72-307. Knowledge of employer to affect surety. Every such policy, contract or bond shall contain a provision that, as between the employee and the surety, the notice to or knowledge of the occurrence of accident causing an injury or manifestation of an occupational disease on th…
Idaho Code § 72-308 Insolvency of employer not to release surety
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72-308. Insolvency of employer not to release surety. Every such policy, contract or bond shall contain a provision to the effect that the insolvency or bankruptcy of the employer and his discharge therein shall not relieve the surety from the payment of compensation for injuries…
Idaho Code § 72-309 Insurance contract deemed reformed
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72-309. Insurance contract deemed reformed. Every such policy, contract or bond shall be deemed to be made subject to the provisions of this law and, if inconsistent with this law, shall be deemed to be reformed to conform to the provisions of this law.
Idaho Code § 72-310 Misrepresentation not to affect employee’s rights
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72-310. Misrepresentation not to affect employee’s rights. (1) No statement in an application for such a policy, contract or bond shall void the policy, contract or bond as between the surety and employer unless such statement shall be false and would materially have affected the…
Idaho Code § 72-311 Notice of security — Cancellation of surety contract
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72-311. Notice of security — Cancellation of surety contract. (1) The employer shall forthwith file with the commission in form prescribed by it, a notice of his security. (2) No policy of insurance or guaranty contract or surety bond issued against liability arising under this a…
Idaho Code § 72-312 Posting of notice regarding insurance — Penalty
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72-312. Posting of notice regarding insurance — Penalty. Every employer who has complied with section 72-301 shall post and maintain in a conspicuous place or places in and about his place or places of business typewritten or printed notices in form prescribed by the commission, …
Idaho Code § 72-313 Payment pending determination of policy coverage
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72-313. Payment pending determination of policy coverage. Whenever any claim is presented and the claimant’s right to compensation is not in issue, but the issue of liability is raised as between an employer and a surety or between two (2) or more employers or sureties, the commi…
Idaho Code § 72-314 Payment of liability of public employer
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72-314. Payment of liability of public employer. Any sums necessary to be paid under the provisions of this law by any public or quasi-public employer, which exercises taxing power, for compensation premiums or compensation shall be considered to be ordinary and necessary expense…
Idaho Code § 72-315 Erroneous payment in good faith
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72-315. Erroneous payment in good faith. Payment of death benefits by an employer in good faith to a dependent subsequent in right to another or other dependents shall protect and discharge the employer unless and until such dependent or dependents prior in right shall have given…
Idaho Code § 72-316 Voluntary payments of income benefits
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72-316. Voluntary payments of income benefits. Any payments made by the employer or his insurer to a workman injured or afflicted with an occupational disease, during the period of disability, or to his dependents, which under the provisions of this law, were not due and payable …
Idaho Code § 72-317 Periodical payments
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72-317. Periodical payments. The commission, upon the application of either party, may in its discretion, having regard to the welfare of the employee and the convenience of the employer, authorize income benefits to be paid biweekly or monthly instead of weekly.
Idaho Code § 72-318 Invalid agreements — Penalty
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72-318. Invalid agreements — Penalty. (1) No agreement by an employee to pay any portion of the premiums paid by his employer for workmen’s compensation, or to contribute to the cost or other security maintained for or carried for the purpose of securing the payment of workmen’s …
Idaho Code § 72-319 Penalty for failure to secure compensation
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72-319. Penalty for failure to secure compensation. (1) Any employer required to secure the payment of compensation under this law who fails to secure the payment thereof shall be guilty of a misdemeanor. In any case where the employer is a corporation or a limited liability comp…
Idaho Code § 72-320 Compensation preferred as wages
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72-320. Compensation preferred as wages. All rights of compensation granted by this law shall have the same preference or priority for the whole thereof against the assets of the employer as is allowed by law for any unpaid wages of labor.
Idaho Code § 72-321 Statutory agent of employer who has no business locale
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72-321. Statutory agent of employer who has no business locale. If an employer maintains no place of business in this state, he shall be deemed to have appointed the secretary of state as his agent for the purpose of acceptance of service of process, or of any order, directive, d…
Idaho Code § 72-322 Assigned risk
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72-322. Assigned risk. The director of the department of insurance, after consultation with sureties authorized to issue worker’s compensation policies and guaranty contracts in this state, may put into effect a reasonable system for the equitable apportionment among such suretie…
Idaho Code § 72-323 Creation of industrial special indemnity fund
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72-323. Creation of industrial special indemnity fund. A fund is hereby created to be known as the industrial special indemnity fund, which shall consist of payments made to it as in sections 72-327 and 72-420, and as may hereafter be provided.
Idaho Code § 72-324 Management of industrial special indemnity fund
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72-324. Management of industrial special indemnity fund. There is hereby created in the department of administration the office of manager of the industrial special indemnity fund, elsewhere in this chapter referred to as manager, whose duties shall be to administer the fund with…
Idaho Code § 72-325 State treasurer custodian of fund — Duties
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72-325. State treasurer custodian of fund — Duties. The state treasurer shall be custodian of the industrial special indemnity fund.
Idaho Code § 72-326 Deposit and investment of fund — Interest
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72-326. Deposit and investment of fund — Interest. The state treasurer shall deposit or, on order of the manager of the industrial special indemnity fund, invest any portion of the industrial special indemnity fund not needed for immediate or currently anticipated use, in the man…
Idaho Code § 72-327 Assessment — Method of calculation and proration — Time for payment
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72-327. Assessment — Method of calculation and proration — Time for payment. (1) The state insurance fund, every authorized self-insurer and every surety authorized under the Idaho insurance code or by the director of the department of insurance to transact worker’s compensation …
Idaho Code § 72-328 Collection of delinquent assessments — Duty of attorney general — Penalties
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72-328. Collection of delinquent assessments — Duty of attorney general — Penalties. (1) If any responsible entity or person required to make payment of an assessment as provided in this act shall fail to make full payment on or before ten (10) days following the time period spec…
Idaho Code § 72-329 Disbursements
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72-329. Disbursements. All disbursements from the industrial special indemnity fund shall be paid by the treasurer upon orders of the manager. Disbursements to beneficiaries not payable in a lump sum shall be made monthly.
Idaho Code § 72-330 Legal representation of fund
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72-330. Legal representation of fund. The attorney general shall appoint a member of his staff, if requested by the manager, pursuant to section 72-324, Idaho Code, to represent and conduct on behalf of the industrial special indemnity fund all suits, actions and proceedings what…
Idaho Code § 72-331 Payment of administrative expenses
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72-331. Payment of administrative expenses. The manager shall have the authority to pay from the industrial special indemnity fund necessary expenses of administration involving the industrial special indemnity fund, including secretarial help, equipment and supplies, medical and…
Idaho Code § 72-332 Payment for second injuries from industrial special indemnity account
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72-332. Payment for second injuries from industrial special indemnity account. (1) If an employee who has a permanent physical impairment from any cause or origin, incurs a subsequent disability by an injury or occupational disease arising out of and in the course of his employme…
Idaho Code § 72-333 Perpetual appropriation
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72-333. Perpetual appropriation. All moneys which may come into the industrial special indemnity fund are hereby perpetually appropriated to the department of administration to be expended by it for the purposes stated in sections 72-331 and 72-332, Idaho Code.
Idaho Code § 72-334 Filing notice of claim with the industrial special indemnity fund — Time for filing — Records to be included with notice of claim — Jurisdictional effect
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72-334. Filing notice of claim with the industrial special indemnity fund — Time for filing — Records to be included with notice of claim — Jurisdictional effect. Any claimant, employer or surety making a claim for benefits with the industrial special indemnity fund shall file a …