Title 72 — WORKER’S COMPENSATION AND RELATED LAWS — INDUSTRIAL COMMISSION

72-433. Submission of injured employee to medical examination or physical rehabilitation. (1) After an injury or contraction of an occupational disease and during the period of disability the employee, if requested by the employer or ordered by the commission, shall submit himsel…

72-434. Effect of refusing medical examination — Discontinuance of compensation. If an injured employee unreasonably fails to submit to or in any way obstructs an examination by a physician or surgeon designated by the commission or the employer, the injured employee’s right to t…

72-435. Injurious practices — Suspension or reduction of compensation. If an injured employee persists in unsanitary or unreasonable practices which tend to imperil or retard his recovery the commission may order the compensation of such employee to be suspended or reduced.

72-436. Burial expenses. If death results from the injury within four (4) years, the employer shall pay to the person entitled to compensation, or if there is none then to the personal representative of the deceased employee, a sum not to exceed ten thousand dollars ($10,000) for…

72-437. Occupational diseases — Right to compensation. When an employee of an employer suffers an occupational disease and is thereby disabled from performing his work in the last occupation in which he was injuriously exposed to the hazards of such disease, or dies as a result o…

72-438. Occupational diseases. Compensation shall be payable for disability or death of an employee resulting from the following occupational diseases: (1) Poisoning by lead, mercury, arsenic, zinc, or manganese, their preparations or compounds in any occupation involving direct …

72-439. Actually incurred/nonacute occupational disease. (1) An employer shall not be liable for any compensation for an occupational disease unless such disease is actually incurred in the employer’s employment. (2) An employer shall not be liable for any compensation for a nona…

72-440. Time of dependency — Death benefits. No compensation for death from an occupational disease shall be payable to any person whose relationship to the deceased, which would give right to compensation, arose subsequent to the beginning of the first compensable disability, sa…

72-441. No compensation in case of misrepresentation. No compensation shall be payable for an occupational disease if the employee, at the time of entering into the employment of the employer by whom the compensation would otherwise be payable, falsely represented himself in writ…

72-443. Period of exposure in silicosis cases. No claim for disability or death from silicosis shall be maintained or prosecuted unless during the ten (10) years immediately preceding the date of disablement the employee has been exposed to the inhalation of silica dust over a pe…

72-444. No compensation for partial disability from silicosis. Compensation shall not be payable for partial disability due to silicosis.

72-445. Compensation for total disability or death from complicated silicosis. In case of disability or death from silicosis, complicated with tuberculosis of the lungs, income benefits shall be payable as for uncomplicated silicosis, provided, that the silicosis was an essential…

72-446. Nondisabling silicosis — Compensation upon severance from employment. (1) When an employee, because he has nondisabling silicosis, is discharged from employment in which he is engaged, or when such an employee, after an examination as provided in subsection (2) of this se…

72-447. Recurring dermatitis. A person who has suffered disability from dermatitis and has received income benefits therefor shall not be entitled to income benefits for disability from a later attack of dermatitis due to substantially the same cause, unless immediately preceding…

72-448. Notice and limitations. (1) Unless written notice of the manifestation of an occupational disease is given to the employer within sixty (60) days after its first manifestation, or to the industrial commission if the employer cannot be reasonably located within ninety (90)…

72-449. Post mortem examination. Upon the filing of a claim for compensation for death from an occupational disease when an autopsy is necessary accurately and scientifically to ascertain and determine the cause of death, the autopsy shall be ordered by the commission. The commis…

72-450. Retraining. Following a hearing upon a motion of the employer, the employee, or the commission, if the commission deems a permanently disabled employee, after the period of recovery, is receptive to and in need of retraining in another field, skill or vocation in order to…

72-451. Psychological accidents and injuries. (1) Psychological injuries, disorders or conditions shall not be compensated under this title, unless the following conditions are met: (a) Such injuries of any kind or nature emanating from the workplace shall be compensated only if …

72-501. Creation of commission — Appointment, term of office — Qualifications — Affiliations — Effect of accepting appointment — Vacancies — Removal of member for cause. (1) A commission is hereby created to be known as the industrial commission consisting of three (3) members, t…

72-501A. Rehabilitation division — Budget and expense — Composition and implementation. (1) In order to assist in reducing the period of temporary disability resulting from an injury and to aid in restoring the injured employee to gainful employment with the least possible perman…

72-502. References to industrial commission to include industrial accident board. The references in the Idaho Constitution, Idaho Code and Idaho Rules of Civil Procedure to the "industrial accident board" and "board" shall be deemed to be references to the industrial commission.

72-503. Salary. Commencing July 1, 2025, the annual salary of each member of the industrial commission shall be one hundred twenty-six thousand three hundred fifty dollars ($126,350). Industrial commissioner salaries shall be paid from sources set by the legislature. Each member …

72-504. Organization — Chairman — Secretary. The members of the commission shall select one (1) of their members as chairman, and shall select a person qualified, in the judgment of the commission, by experience and training, as secretary, who need not be a member, each of whom s…

72-505. Quorum — Majority to act — Effect of vacancy. (1) Quorum. A majority of the commission shall constitute a quorum for the transaction of business. (2) Act of commission by majority. The act of a majority of the commission when in sessions as the commission shall be deemed …

72-506. Acts of commission or reference — Hearing officers. (1) Any investigation, inquiry or hearing which the commission has power to undertake or hold may be undertaken or held by or before any member thereof or any hearing officer, referee or examiner appointed by the commiss…

72-507. Seal. The commission shall have a seal of which the secretary shall be custodian, bearing the following inscription: "Industrial Commission, State of Idaho, seal." The seal shall be affixed to all writs, orders, awards, authentications of copies of records and to such oth…

72-508. Authority to adopt rules and regulations. Pursuant to the provisions of chapter 52, title 67, Idaho Code, the commission shall have authority to promulgate and adopt reasonable rules and regulations for effecting the purposes of this act. Notwithstanding the provisions of…

72-509. Offices and supplies. (1) The principal office of the commission shall be located in Ada county. (2) The commission may establish such branch offices, divisions, sections and advisory committees in such localities in this state as it deems necessary to administer this act…

72-510. Payment of expenses. The commission shall make such expenditures as may be necessary for the adequate administration of this law, including salaries, other personal services, actual and necessary traveling and other expenses and disbursements of the members of the commiss…

72-511. Records and forms. The commission shall cause to be printed such blank forms as it shall deem requisite to facilitate or promote the efficient administration of this law. It shall provide a book in which shall be entered the minutes of all its proceedings, a book of recor…

72-512. Reports. The commission shall have the power and authority to publish and distribute at its discretion from time to time, in addition to its annual report, such further reports and bulletins covering its operation, proceedings and matters relative to its work as it may de…

72-513. Specified employees — Exempt from personnel system. The secretary, medical officers, division or section officers, hearing officers, field counselors, examiners and referees, shall be exempt from the system of personnel administration prescribed by chapter 53, title 67, I…

72-514. Assistants. The commission shall have the power to employ during its pleasure such additional officers, experts, engineers, statisticians, accountants, inspectors, clerks and employees as it may deem necessary to carry out the provisions of this law or to perform the duti…

72-515. Fees. The commission shall have power and authority to fix, charge and collect fees, as follows: (1) For copies of papers and records not required to be certified or otherwise authenticated by the commission; (2) For certified copies of official documents and orders filed…

72-516. Reports. (1) Biennially the commission shall make a report to the governor and through him to the state legislature on the operation of this law, including recommendations as to improvements in the law and administration thereof, and a statistical analysis of industrial i…

72-517. Cooperation with other agencies. The commission shall have the authority to enter into cooperative agreements with state and federal agencies to share information with those agencies and to cooperate with programs sponsored by all such agencies to facilitate the carrying …

72-518. Duties of attorney general — Representation in court. (1) In any civil action to enforce the provisions of this law, or of any rule or regulation issued pursuant thereto, the commission and the state shall be represented by the attorney general, or if an action is brought…

72-519. Creation of industrial administration fund — Purpose. A fund is hereby created to be known as the industrial administration fund for the purpose of providing funds for administering the worker’s compensation law by the industrial commission. This fund may also be used to …

72-520. Industrial commission administrator of fund. The industrial administration fund shall be administered by the commission without liability on the part of the state or the commission beyond the amount of the fund. The commission is authorized to credit or remit, refund or p…

72-521. State treasurer custodian of fund — Duties. The state treasurer shall be custodian of the industrial administration fund. He shall give a separate and an additional bond in an amount and with sureties approved by the commissioner [director] of [the department of] insuranc…

72-522. Deposit and investment of fund — Interest. The state treasurer shall deposit or, on order of the commission, invest any portion of the industrial administration fund not needed for immediate or currently anticipated use, in the manner and subject to all the provisions of …

72-523. Source of fund — Premium tax. 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 insurance in Idaho, in addition to all othe…

72-524. Sureties’ reports of tax basis. Every surety, other than a self-insurer shall, under oath of the person or officers making the report, within thirty (30) days after February 1 and July 1 of each year, report to the commission the net amount of premium written on worker’s …

72-525. Civil action for collection of premium tax — Duties of attorney general. If any surety required to make payment under the provisions of this law shall fail, for a period of ten (10) days after such payment is due as provided by section 72-523, [Idaho Code,] to pay into th…

72-526. Penalty for default — Collection by civil action — Duty of attorney general. Any surety who is in default for ten (10) days in any payment required to be made under the provisions of this law shall be liable for a penalty for every ten (10) day period or any part thereof …

72-527. Civil penalty for surety’s misrepresentation — Duty of attorney general. Any surety who shall wilfully misrepresent the amount to be paid into the state treasury under the provisions of this law shall be liable to the state for an amount ten (10) times the difference betw…

72-528. Statistical information required. (1) In addition to all information that sureties, self-insurers, the state insurance fund, the industrial special indemnity fund and noninsured employers now supply to the industrial commission, they shall, upon request of the commission,…

72-601. Record of injuries — Necessity — Availability — Failure to keep. (1) Employers’ records of injuries. An employer shall keep a record of each injury and occupational disease fatal or otherwise, arising out of and in the course of employment, reported to the employer or of …

72-602. Employers’ notice of injury and reports. (1) First report–Notice of injury or occupational disease. As soon as practicable but not later than ten (10) days after the occurrence of an injury or occupational disease, requiring treatment by a physician or resulting in absenc…

72-603. Employers’ report of employees. Requirement to keep records and to report. Subject to the provisions of this law, every employer shall keep an accurate record of the number and job classification of his employees and the wages paid, and upon demand of the commission shall…