reglab/housing_qa huggingface dataset:
ID Code § 72-324 (2021)
2021 Idaho Code|Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION|Chapter 3 - SECURITY FOR COMPENSATION|Section 72-324 - MANAGEMENT OF INDUSTRIAL SPECIAL INDEMNITY FUND.

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 without liability on the part of the state or the manager beyond the amount of such fund. Among the powers of the manager shall be the power to evaluate, investigate, adjust claims made against the fund and make agreements, subject to the approval of the industrial commission, for compensation for injuries and occupational diseases in accordance with the provisions of this act, including the power to order payment from the fund for such medical, hospital and nursing care charges as injured persons or those suffering from occupational diseases may be entitled to from the fund. The compensation of such manager shall be as provided in section 59-508, Idaho Code. The manager shall be given notice of all applications, hearings and proceedings involving rights of the fund, and shall represent the fund in all proceedings brought to enforce a claim against it. The manager shall have the authority to employ such medical or other experts and to defray the expense thereof and of such witnesses as are reasonably necessary to administer, evaluate or defend the fund. The manager may also employ such employees as are necessary to assist in the administration of the fund. The manager may also employ legal counsel, or obtain legal counsel pursuant to section 72-330, Idaho Code, to represent and conduct on behalf of the fund all suits, actions and proceedings whatsoever involving the fund. The manager may, in his official name, sue and be sued in all the courts of the state and before the industrial commission in all actions or proceedings arising out of anything done or offered in connection with the industrial special indemnity fund or business related thereto. The industrial commission shall compute and collect the assessment provided by section 72-327, Idaho Code, and shall make quarterly reports to the fund of the same. The manager of the fund shall, each quarter of each year, prepare and file with the industrial commission and the state treasurer a report of all expenses of administration, legal expenses and payments from the fund, which reports will be kept on file and open to inspection by any interested person. The director of the department of administration shall appoint the manager from a list of at least three (3) names provided by the industrial commission. The manager shall serve at the pleasure of the director of the department of administration.  History: [72-324, added 1978, ch. 264, sec. 2, p. 577; am. 1997, ch. 206, sec. 1, p. 620.]
ID Code § 72-325 (2021)
2021 Idaho Code|Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION|Chapter 3 - SECURITY FOR COMPENSATION|Section 72-325 - STATE TREASURER CUSTODIAN OF FUND — DUTIES.

72-325. STATE TREASURER CUSTODIAN OF FUND — DUTIES. The state treasurer shall be custodian of the industrial special indemnity fund.  History: [72-325, added I.C., sec. 72-325, as added by 1971, ch. 124, sec. 3, p. 422; am. 1978, ch. 264, sec. 3, p. 578.]
ID Code § 72-326 (2021)
2021 Idaho Code|Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION|Chapter 3 - SECURITY FOR COMPENSATION|Section 72-326 - DEPOSIT AND INVESTMENT OF FUND — INTEREST.

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 manner and subject to all the provisions of law respecting the depositing and investing of state funds by him. Interest earned by such portion of the fund so invested shall be collected by the state treasurer and placed to the credit of the fund.  History: [72-326, added I.C., sec. 72-326, as added by 1971, ch. 124, sec. 3, p. 422; am. 1978, ch. 264, sec. 4, p. 578.]
ID Code § 72-328 (2021)
2021 Idaho Code|Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION|Chapter 3 - SECURITY FOR COMPENSATION|Section 72-328 - COLLECTION OF DELINQUENT ASSESSMENTS — DUTY OF ATTORNEY GENERAL — PENALTIES.

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 specified in section 72-327, Idaho Code, for payment of the assessment, it shall be the duty of the attorney general to bring a civil action in the name of the state in the proper court to collect the amount of the assessment due. Any amount of assessment collected by the attorney general shall be deposited in the industrial special indemnity fund. (2) Any responsible entity or person who is in default for ten (10) or more days in the payment of the assessment as set forth in this act shall be liable for a penalty for every ten (10) day period or any part thereof during which such failure continues. The penalty shall be in the amount of ten percent (10%) of the amount originally due. It shall be the duty of the attorney general to bring a civil action in the name of the state in the proper court to collect the amount of the penalty herein provided in addition to any unpaid assessment. Any amount of penalty and assessment collected by the attorney general shall be deposited in the industrial special indemnity fund. (3) Any responsible surety or person who shall willfully misrepresent the amount of total gross indemnity benefits paid under the provisions of this act shall be liable to the state for a penalty in an amount ten (10) times the difference between the payments made and the amounts that should have been paid had such misrepresentation not been made. It shall be the duty of the attorney general to bring a civil action in the name of the state in the proper court to collect the amount of the penalty herein provided in addition to any unpaid assessment. Any amount of penalty and assessment collected by the attorney general shall be deposited in the industrial special indemnity fund.  History: [72-328, added 1997, ch. 206, sec. 4, p. 623.]
ID Code § 72-329 (2021)
2021 Idaho Code|Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION|Chapter 3 - SECURITY FOR COMPENSATION|Section 72-329 - DISBURSEMENTS.

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.  History: [72-329, added I.C., sec. 72-330, as added by 1971, ch. 124, sec. 3, p. 422; am. 1978, ch. 264, sec. 6, p. 579.]
ID Code § 72-330 (2021)
2021 Idaho Code|Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION|Chapter 3 - SECURITY FOR COMPENSATION|Section 72-330 - LEGAL REPRESENTATION OF FUND.

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 whatsoever involving the fund.  History: [72-330, added I.C., sec. 72-330, as added by 1971, ch. 124, sec. 3, p. 422; am. 1978, ch. 264, sec. 7, p. 579.]
ID Code § 72-331 (2021)
2021 Idaho Code|Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION|Chapter 3 - SECURITY FOR COMPENSATION|Section 72-331 - PAYMENT OF ADMINISTRATIVE EXPENSES.

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 other experts, witnesses, legal counsel, and similar aid and services.  History: [72-331, added I.C., sec. 72-331, as added by 1971, ch. 124, sec. 3, p. 422; am. 1978, ch. 264, sec. 8, p. 579.]
ID Code § 72-332 (2021)
2021 Idaho Code|Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION|Chapter 3 - SECURITY FOR COMPENSATION|Section 72-332 - PAYMENT FOR SECOND INJURIES FROM INDUSTRIAL SPECIAL INDEMNITY ACCOUNT.

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 employment, and by reason of the combined effects of both the pre-existing impairment and the subsequent injury or occupational disease or by reason of the aggravation and acceleration of the pre-existing impairment suffers total and permanent disability, the employer and surety shall be liable for payment of compensation benefits only for the disability caused by the injury or occupational disease, including scheduled and unscheduled permanent disabilities, and the injured employee shall be compensated for the remainder of his income benefits out of the industrial special indemnity account. (2) "Permanent physical impairment" is as defined in section 72-422, Idaho Code, provided, however, as used in this section such impairment must be a permanent condition, whether congenital or due to injury or disease, of such seriousness as to constitute a hindrance or obstacle to obtaining employment or to obtaining re-employment if the claimant should become employed. This shall be interpreted subjectively as to the particular employee involved, however, the mere fact that a claimant is employed at the time of the subsequent injury shall not create a presumption that the pre-existing permanent physical impairment was not of such seriousness as to constitute such hindrance or obstacle to obtaining employment.  History: [72-332, added I.C., sec. 72-332, as added by 1971, ch. 124, sec. 3, p. 422; am. 1978, ch. 264, sec. 9, p. 579; am. 1981, ch. 261, sec. 2, p. 553; am. 1991, ch. 155, sec. 1, p. 371.]
ID Code § 72-333 (2021)
2021 Idaho Code|Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION|Chapter 3 - SECURITY FOR COMPENSATION|Section 72-333 - PERPETUAL APPROPRIATION.

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.  History: [72-333, added I.C., sec. 72-333, as added by 1971, ch. 124, sec. 3, p. 422; am. 1978, ch. 264, sec. 10, p. 580.]
ID Code § 72-334 (2021)
2021 Idaho Code|Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION|Chapter 3 - SECURITY FOR COMPENSATION|Section 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.

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 notice of claim with the manager not less than sixty (60) days prior to the date of filing of a complaint against the industrial special indemnity fund with the industrial commission seeking benefits from the industrial special indemnity fund. Such notice of claim shall include, but not be limited to, a detailed statement describing the disability claim and supporting documentation including relevant medical and vocational rehabilitation records. Failure to timely file a notice of claim with the manager shall require the involuntary dismissal of any complaint against the industrial special indemnity fund regarding the claim for benefits which the party seeking to join the industrial special indemnity fund may cause to be filed with the industrial commission. The manager shall evaluate the notice of claim and shall approve or deny the claim or make an offer of settlement within the sixty (60) day period. If, in the discretion of the manager, the notice of claim is determined to be incomplete, the manager may, upon written notice to the party seeking to join the industrial special indemnity fund, extend the time period for evaluation of the claim for a maximum of thirty (30) days in order to request the necessary documents and records. The manager shall approve or deny the claim or make an offer of settlement within the extended period.  History: [72-334, added 1997, ch. 303, sec. 1, p. 906.]
ID Code § 72-401 (2021)
2021 Idaho Code|Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION|Chapter 4 - BENEFITS|Section 72-401 - DEPENDENCY — WHEN DETERMINED.

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 for death.  History: [72-401, added I.C., sec. 72-401, as added by 1971, ch. 124, sec. 3, p. 422.]
ID Code § 72-402 (2021)
2021 Idaho Code|Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION|Chapter 4 - BENEFITS|Section 72-402 - WAITING PERIOD.

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 and be paid no later than four (4) weeks from date of disability. Provided, further, that the waiting period shall not apply if the injured employee is hospitalized as an in-patient. (2) The day on which the injury occurred shall be included in computing the waiting period unless the employee has been paid wages for that day.  History: [72-402, added I.C., sec. 72-402, as added by 1971, ch. 124, sec. 3, p. 422; am. 1974, ch. 208, sec. 3, p. 1538.]
ID Code § 72-403 (2021)
2021 Idaho Code|Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION|Chapter 4 - BENEFITS|Section 72-403 - PENALTY FOR MALINGERING — DENIAL OF COMPENSATION.

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 employee, the injured employee shall not be entitled to temporary disability benefits during the period of such refusal or failure.  History: [72-403, as added by 1971, ch. 124, sec. 3, p. 422; am. 1997, ch. 274, sec. 4, p. 804.]
ID Code § 72-404 (2021)
2021 Idaho Code|Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION|Chapter 4 - BENEFITS|Section 72-404 - LUMP SUM PAYMENTS.

72-404. LUMP SUM PAYMENTS. Whenever the commission determines that it is for the best interest of all parties, the liability of the employer for compensation may, on application to the commission by any party interested, be discharged in whole or in part by the payment of one or more lump sums to be determined, with the approval of the commission.  History: [72-404, added I.C., sec. 72-404, as added by 1971, ch. 124, sec. 3, p. 422; am. 1975, ch. 13, sec. 1, p. 18.]
ID Code § 72-405 (2021)
2021 Idaho Code|Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION|Chapter 4 - BENEFITS|Section 72-405 - TRUSTEE IN CASE OF LUMP SUM PAYMENT.

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, [Idaho Code,] shall be paid to some suitable person or corporation appointed as trustee to administer or apply the same for the benefit of the person or persons entitled thereto in the manner provided by the commission. The receipt of such trustee for the amount so paid shall discharge the employer or anyone else who is liable therefor.  History: [72-405, added I.C., sec. 72-405, as added by 1971, ch. 124, sec. 3, p. 422.]
ID Code § 72-406 (2021)
2021 Idaho Code|Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION|Chapter 4 - BENEFITS|Section 72-406 - DEDUCTIONS FOR PREEXISTING INJURIES AND INFIRMITIES.

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 impairment, the employer shall be liable only for the additional disability from the industrial injury or occupational disease. (2) Any income benefits previously paid an injured workman for permanent disability to any member or part of his body shall be deducted from the amount of income benefits provided for the permanent disability to the same member or part of his body caused by a change in his physical condition or by a subsequent injury or occupational disease.  History: [72-406, added I.C., sec. 72-406, as added by 1971, ch. 124, sec. 3, p. 422.]
ID Code § 72-407 (2021)
2021 Idaho Code|Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION|Chapter 4 - BENEFITS|Section 72-407 - CERTAIN INJURIES DEEMED TOTAL AND PERMANENT.

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 permanently and totally disabled. (1) The total and permanent loss of sight in both eyes. (2) The loss of both feet at or above the ankle. (3) The loss of both hands at or above the wrist. (4) The loss of one (1) hand and one (1) foot. (5) An injury to the spine resulting in permanent and complete paralysis of both legs or arms or of one (1) leg and one (1) arm. (6) An injury to the skull resulting in incurable imbecility or insanity. The above enumeration is not to be taken as exclusive.  History: [72-407, as added by 1971, ch. 124, sec. 3, p. 422; am. 1997, ch. 274, sec. 5, p. 805.]
ID Code § 72-408 (2021)
2021 Idaho Code|Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION|Chapter 4 - BENEFITS|Section 72-408 - INCOME BENEFITS FOR TOTAL AND PARTIAL DISABILITY.

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 period and subject to the maximum and minimum limits set forth in section 72-409, Idaho Code, as follows: (1) For a period not to exceed a period of fifty-two (52) weeks, an amount equal to sixty-seven per cent (67%) of his average weekly wage and thereafter an amount equal to sixty-seven per cent (67%) of the currently applicable average weekly state wage. (2) Partial disability. For partial disability during the period of recovery an amount equal to sixty-seven per cent (67%) of his decrease in wage-earning capacity, but in no event to exceed the income benefits payable for total disability.  History: [72-408, added I.C., sec. 72-408, as added by 1971, ch. 124, sec. 3, p. 422; am. 1974, ch. 208, sec. 4, p. 1538; am. 1982, ch. 231, sec. 2, p. 611; am. 1991, ch. 207, sec. 1, p. 488.]
ID Code § 72-409 (2021)
2021 Idaho Code|Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION|Chapter 4 - BENEFITS|Section 72-409 - MAXIMUM AND MINIMUM INCOME BENEFITS FOR TOTAL DISABILITY.

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 weekly state wage, provided, however, that during the first fifty-two (52) weeks of total disability income benefits shall not in any case exceed ninety percent (90%) of the employee’s average weekly wage, but if during the first fifty-two (52) weeks ninety percent (90%) of the employee’s average weekly wage is less than fifteen percent (15%) of the currently applicable average weekly state wage, then the employee shall receive no less than fifteen percent (15%) of the currently applicable average weekly state wage, except as benefits may be increased by reason of increases in the average weekly state wage as computed in subsection (2) hereof, nor shall income benefits paid subsequent to the first fifty-two (52) weeks of total disability exceed income benefits paid during the first fifty-two (52) weeks of total disability except as the same may be increased by reason of increases in the average weekly state wage, provided, however, that where an employee’s benefit rate for the first fifty-two (52) week period was less than the minimums prescribed above, his benefit rate thereafter shall be not less than forty-five percent (45%) of the currently applicable average weekly state wage. (2) For the purpose of this law the average weekly wage in the state shall be determined by the commission as follows: on or before June 1 of each year, the total wages reported on contribution reports to the department of employment for the preceding calendar year shall be divided by the average monthly number of insured workers determined by dividing the total insured workers reported for the preceding year by twelve (12). The average annual wage thus obtained shall be divided by fifty-two (52) and the average weekly state wage thus determined rounded to the nearest dollar. The average weekly state wage as so determined shall be applicable for the calendar year commencing January 1 following the June 1 determination.  History: [72-409, added I.C., sec. 72-409, as added by 1971, ch. 124, sec. 3, p. 422; am. 1981, ch. 261, sec. 3, p. 554; am. 1991, ch. 207, sec. 2, p. 489; am. 1998, ch. 210, sec. 1, p. 738.]
ID Code § 72-410 (2021)
2021 Idaho Code|Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION|Chapter 4 - BENEFITS|Section 72-410 - DEPENDENTS.

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 upon the deceased employee; (b) Under twenty-three (23) years of age if a full-time student and as provided for in section 72-412(3), Idaho Code. (2) The widow or widower only if living with the deceased or living apart from the deceased for justifiable cause, or actually dependent, wholly or partially, upon the deceased. (3) A parent or grandparent only if actually dependent, wholly or partially, upon the deceased. (4) A grandchild, brother or sister only if under eighteen (18) years of age, or incapable of self-support, and actually dependent wholly upon the deceased.  History: [72-410, as added by 1971, ch. 124, sec. 3, p. 422; am. 1975, ch. 13, sec. 2, p. 18; am. 1989, ch. 194, sec. 1, p. 489; am. 2006, ch. 186, sec. 1, p. 586.]
ID Code § 72-411 (2021)
2021 Idaho Code|Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION|Chapter 4 - BENEFITS|Section 72-411 - TIME OF DEPENDENCY.

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.  History: [72-411, added I.C., sec. 72-411, as added by 1971, ch. 124, sec. 3, p. 422.]