Title 72 — WORKER’S COMPENSATION AND RELATED LAWS — INDUSTRIAL COMMISSION
17 chapters · 421 sections in this title.
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 …
Idaho Code § 72-401 Dependency — When determined
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72-401. Dependency — When determined. Dependency shall initially be determined as of the time of the accident causing the injury or of manifestation of an occupational disease for purposes of income benefits therefor, and as of the time of death for purposes of income benefits fo…
Idaho Code § 72-402 Waiting period
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72-402. Waiting period. (1) An injured employee shall not be allowed income benefits for the first five (5) days of disability for work; provided, if the injury results in disability for work exceeding two (2) weeks, income benefits shall be allowed from the date of disability an…
Idaho Code § 72-403 Penalty for malingering — Denial of compensation
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72-403. Penalty for malingering — Denial of compensation. If an injured employee refuses or unreasonably fails to seek physically or mentally suitable work, or refuses or unreasonably fails or neglects to work after such suitable work is offered to, procured by or secured for the…
Idaho Code § 72-404 settlement agreements — lump sum payments
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72-404. settlement agreements — lump sum payments. (1) Pursuant to the provisions of this section, parties may compromise and settle claims by way of agreements for lump sum payments, future payments, accrued income benefits, future income benefits, medical cost reimbursements, a…
Idaho Code § 72-405 Trustee in case of lump sum payment
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72-405. Trustee in case of lump sum payment. Whenever for any reason the commission deems it expedient, any lump sum to be paid as provided in section 72-404, shall be paid to some suitable person or corporation appointed as trustee to administer or apply the same for the benefit…
Idaho Code § 72-406 Deductions for preexisting injuries and infirmities
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72-406. Deductions for preexisting injuries and infirmities. (1) In cases of permanent disability less than total, if the degree or duration of disability resulting from an industrial injury or occupational disease is increased or prolonged because of a preexisting physical impai…
Idaho Code § 72-407 Certain injuries deemed total and permanent
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72-407. Certain injuries deemed total and permanent. In case of the following injuries, if the employer disputes that the claimant is totally and permanently disabled, the burden of proof shall be on the employer to prove by clear and convincing evidence that the claimant is not …
Idaho Code § 72-408 Income benefits for total and partial disability
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72-408. Income benefits for total and partial disability. Income benefits for total and partial disability during the period of recovery, and thereafter in cases of total and permanent disability, shall be paid to the disabled employee subject to deduction on account of waiting p…
Idaho Code § 72-409 Maximum and minimum income benefits for total disability
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72-409. Maximum and minimum income benefits for total disability. (1) The weekly income benefits provided for in section 72-408(1), Idaho Code, shall be subject to a maximum of ninety percent (90%) and a minimum of forty-five percent (45%) of the currently applicable average week…
Idaho Code § 72-410 Dependents
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72-410. Dependents. The following persons, and they only, shall be deemed dependents and entitled to income benefits under the provisions of this act: (1) A child: (a) Under eighteen (18) years of age, or incapable of self-support and unmarried, whether or not actually dependent …
Idaho Code § 72-411 Time of dependency
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72-411. Time of dependency. The relation of dependency must exist at the time of the accident causing the injury or manifestation of occupational disease.
Idaho Code § 72-412 Periods of income benefits for death
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72-412. Periods of income benefits for death. The income benefits for death herein provided for shall be payable during the following periods: (1) To a widow or widower, until death or remarriage, but in no case to exceed five hundred (500) weeks. (2) Unless as otherwise provided…
Idaho Code § 72-413 Income benefits for death
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72-413. Income benefits for death. If death results from the accident or occupational disease within four (4) years from the date of the accident, or manifestation of the occupational disease, the employer shall pay to or for the benefit of the following particular classes of dep…
Idaho Code § 72-413A Lump sum payment upon remarriage
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72-413A. Lump sum payment upon remarriage. In the event of remarriage of the widow or widower prior to the expiration of five hundred (500) weeks as provided in section ]72-412] 42-412, Idaho Code, a lump sum shall be paid to the widow or widower in an amount equal to the lesser …
Idaho Code § 72-414 Apportionment benefits between classes
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72-414. Apportionment benefits between classes. In case there are two (2) or more classes of persons entitled to compensation under section 72-413, and the apportionment of such compensation as above provided, would result in injustice, the commission may, in its discretion, modi…
Idaho Code § 72-415 Change in dependents
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72-415. Change in dependents. Upon the cessation of the income benefits for death to or on account of any person, the income benefits of the remaining persons entitled to income benefits for the unexpired part of the period during which their income benefits are payable shall be …
Idaho Code § 72-416 Maximum and minimum income benefits for death
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72-416. Maximum and minimum income benefits for death. (1) For purposes of income benefits for death, the average weekly wage of the employee shall be taken as not more than the average weekly wage of the state as determined in section 72-409, Idaho Code. (2) In no case shall the…
Idaho Code § 72-417 Maximum total payment
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72-417. Maximum total payment. The maximum weekly income benefits payable for all beneficiaries in case of death shall not exceed sixty per cent (60%) of the average weekly wage of the deceased as calculated under section 72-419, subject to the maximum limits in section 72-416. T…
Idaho Code § 72-418 Computation of weeks and days
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72-418. Computation of weeks and days. In computing periods of disability and of compensation a week shall be computed as seven (7) days and a day as one-seventh (1/7) of a week, without regard to Sundays, holidays and working days.
Idaho Code § 72-419 Determination of average weekly wage
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72-419. Determination of average weekly wage. Except as otherwise provided in this law, the average weekly wage of the employee at the time of the accident causing the injury or of manifestation of the occupational disease shall be taken as the basis upon which to compute compens…
Idaho Code § 72-420 Compensation to state when dependency not claimed or proved
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72-420. Compensation to state when dependency not claimed or proved. In case no claim for compensation is made by a dependent of a deceased employee and filed with the commission within one (1) year after the death, or in case a claim is made and filed within such year and no dep…
Idaho Code § 72-421 Refund of payment to state after delayed proof of claim by minor or incompetent dependent
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72-421. Refund of payment to state after delayed proof of claim by minor or incompetent dependent. If, after an employer has paid the sum provided for in section 72-420, Idaho Code, into the state treasury a claim is made and dependency proven by a person who during the one (1) y…
Idaho Code § 72-422 Permanent impairment
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72-422. Permanent impairment. "Permanent impairment" is any anatomic or functional abnormality or loss after maximal medical rehabilitation has been achieved and which abnormality or loss, medically, is considered stable or nonprogressive at the time of evaluation. Permanent impa…
Idaho Code § 72-423 Permanent disability
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72-423. Permanent disability. "Permanent disability" or "under a permanent disability" results when the actual or presumed ability to engage in gainful activity is reduced or absent because of permanent impairment and no fundamental or marked change in the future can be reasonabl…
Idaho Code § 72-424 Permanent impairment evaluation
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72-424. Permanent impairment evaluation. "Evaluation (rating) of permanent impairment" is a medical appraisal of the nature and extent of the injury or disease as it affects an injured employee’s personal efficiency in the activities of daily living, such as self-care, communicat…
Idaho Code § 72-425 Permanent disability evaluation
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72-425. Permanent disability evaluation. "Evaluation (rating) of permanent disability" is an appraisal of the injured employee’s present and probable future ability to engage in gainful activity as it is affected by the medical factor of permanent impairment and by pertinent nonm…
Idaho Code § 72-426 The whole man — A period of five hundred weeks
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72-426. The whole man — A period of five hundred weeks. The "whole man" for purposes of computing disability evaluation of scheduled or unscheduled permanent injury (bodily loss or losses or loss of use) for conversion to scheduled income benefits, shall be a deemed period of dis…
Idaho Code § 72-427 Permanent impairment evaluation not exclusive
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72-427. Permanent impairment evaluation not exclusive. The "whole man" income benefit evaluation for purposes of computing scheduled and unscheduled permanent impairment shall not be deemed to be exclusive for the purposes of fixing the evaluation of permanent disability.
Idaho Code § 72-428 Scheduled income benefits for loss or losses of use of bodily members
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72-428. Scheduled income benefits for loss or losses of use of bodily members. An employee who suffers a permanent disability less than total and permanent shall, in addition to the income benefits payable during the period of recovery, be paid income benefits for such permanent …
Idaho Code § 72-429 Unscheduled permanent disabilities
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72-429. Unscheduled permanent disabilities. In all other cases of permanent disabilities less than total not included in the foregoing schedule the amount of income benefits shall be not less than the evaluation in relation to the percentages of loss of the members, or of loss of…
Idaho Code § 72-430 Permanent disability — Determination of — Percentages — Schedule
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72-430. Permanent disability — Determination of — Percentages — Schedule. (1) Matters to be considered. In determining percentages of permanent disabilities, account shall be taken of the nature of the physical disablement, the disfigurement if of a kind likely to limit the emplo…
Idaho Code § 72-431 Inheritability of scheduled or unscheduled income benefits
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72-431. Inheritability of scheduled or unscheduled income benefits. When an employee who has sustained disability compensable as a scheduled or unscheduled permanent disability less than total, and who has filed a valid claim in his lifetime, dies from causes other than the injur…
Idaho Code § 72-432 Medical services, appliances and supplies — Reports
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72-432. Medical services, appliances and supplies — Reports. (1) Subject to the provisions of section 72-706, Idaho Code, the employer shall provide for an injured employee such reasonable medical, surgical or other attendance or treatment, nurse and hospital services, medicines,…