reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 71 - WEIGHTS AND MEASURES › Chapter 4 - LICENSING OF WEIGHMASTERS › Section 71-411 - STANDARD WEIGHT AND TARE TICKET.

71-411. STANDARD WEIGHT AND TARE TICKET. (1) All commodities weighed on public platform scales, having a capacity of five (5) tons or more, shall be recorded on standard weight and tare ticket prepared in triplicate, stating:
(a) Name and address of licensed weighing agency;
(b) Serial number;
(c) Date;
(d) Owner of commodity weighed;
(e) Kind of commodity being weighed;
(f) Gross weight of load;
(g) Tare;
(h) Net weight; and
(i) Full signature of weigher.
(2) Weight and tare tickets shall be kept and maintained by the weighmaster or the weighing facility for three (3) years.
History:
[(71-411) I.C.A., sec. 69-411, added 1949, ch. 155, sec. 1, p. 332; am. 1967, ch. 251, sec. 1, p. 718; am. 2020, ch. 141, sec. 7, p. 432.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 1 - SHORT TITLE — DEFINITIONS › Section 72-101 - SHORT TITLE.

72-101. SHORT TITLE. (1) This law may be cited as the worker’s compensation law.
(2) Wherever in title 72, Idaho Code, references appear to the term workmen’s compensation this shall be deemed to mean worker’s compensation.
History:
[72-101, added I.C., sec. 72-101, as added by 1971, ch. 124, sec. 3, p. 422; am. 1989, ch. 191, sec. 1, p. 473.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 1 - SHORT TITLE — DEFINITIONS › Section 72-103 - TEMPORARY AND PROFESSIONAL EMPLOYERS.

72-103. TEMPORARY AND PROFESSIONAL EMPLOYERS. (1) So long as the temporary or professional employer, or work site employer, has worker’s compensation insurance covering an injured worker, or is a qualified self-insurer covering an injured worker under this title:
(a) The work site employer shall have all of the protections and immunities granted any other employer by this title and shall not be regarded as a third party under section 72-223, Idaho Code.
(b) The temporary or professional employer shall have all of the protections and immunities granted any other employer by this title and shall not be regarded as a third party under section 72-223, Idaho Code, if it exercised the right of control sufficient to be an employer as defined in section 72-102, Idaho Code, and insures its worker’s compensation liability accordingly.
(2) Whenever the parties to a temporary or professional employer arrangement contemplated by subsection (1) of this section comply with that subsection, no penalties under the worker’s compensation law for being uninsured shall apply to the temporary or professional employer, or the work site employer, and no violation of any provision of title 41, Idaho Code, shall occur.
(3) Whenever there is a temporary or professional employer arrangement as contemplated by subsection (1) of this section, the parties to such arrangement shall have the option to determine for themselves, in writing, whether the temporary or professional employer or the work site employer will be the party to secure liability as required by section 72-301, Idaho Code, and the party so obligated to secure such liability may do so in any manner permitted by this title. In the event that the parties to such an arrangement do not exercise the option provided in this subsection, the obligation to secure such liability shall be with the temporary or professional employer.
History:
[72-103, added 1997, ch. 130, sec. 2, p. 397.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 2 - SCOPE — COVERAGE — LIABILITY › Section 72-201 - DECLARATION OF POLICE POWER.

72-201. DECLARATION OF POLICE POWER. The common law system governing the remedy of workmen against employers for injuries received and occupational diseases contracted in industrial and public work is inconsistent with modern industrial conditions. The welfare of the state depends upon its industries and even more upon the welfare of its wageworkers. The state of Idaho, therefore, exercising herein its police and sovereign power, declares that all phases of the premises are withdrawn from private controversy, and sure and certain relief for injured workmen and their families and dependents is hereby provided regardless of questions of fault and to the exclusion of every other remedy, proceeding or compensation, except as is otherwise provided in this act, and to that end all civil actions and civil causes of action for such personal injuries and all jurisdiction of the courts of the state over such causes are hereby abolished, except as is in this law provided.
History:
[72-201, added I.C., sec. 72-201, as added by 1971, ch. 124, sec. 3, p. 422.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 2 - SCOPE — COVERAGE — LIABILITY › Section 72-202 - INTERSTATE COMMERCE.

72-202. INTERSTATE COMMERCE. This law shall affect the liability of employers engaged in interstate or foreign commerce or otherwise only so far as the same is permissible under the laws of the United States.
History:
[72-202, as added by 1971, ch. 124, sec. 3, p. 422.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 2 - SCOPE — COVERAGE — LIABILITY › Section 72-203 - EMPLOYMENTS COVERED.

72-203. EMPLOYMENTS COVERED. This law shall apply to all public employment and to all private employment including farm labor contracting not expressly exempt by the provisions of section 72-212, Idaho Code.
History:
[72-203, added 1971, ch. 124, sec. 3, p. 422; am. 1996, ch. 194, sec. 3, p. 608.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 2 - SCOPE — COVERAGE — LIABILITY › Section 72-204 - PRIVATE EMPLOYMENT — COVERAGE.

72-204. PRIVATE EMPLOYMENT — COVERAGE. The following shall constitute employees in private employment and their employers subject to the provisions of this law:
(1) A person performing service in the course of the trade, business, profession or occupation of an employer.
(2) A person, including a minor, whether lawfully or unlawfully employed, in the service of an employer under any contract of hire or apprenticeship, express or implied, and all helpers and assistants of employees whether paid by the employer or employee, if employed with the knowledge, actual or constructive, of the employer.
(3) An officer of a corporation.
(4) "Employment," in the case of private employers, includes employment only in that trade, business, profession or occupation which is carried on by the employer and also includes any of the pursuits specified in section 72-212, Idaho Code, when the employer shall have elected to come under the law as provided in section 72-213, Idaho Code.
History:
[72-204, as added by 1971, ch. 124, sec. 3, p. 422; am. 2006, ch. 231, sec. 1, p. 688.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 2 - SCOPE — COVERAGE — LIABILITY › Section 72-205 - PUBLIC EMPLOYMENT GENERALLY — COVERAGE.

72-205. PUBLIC EMPLOYMENT GENERALLY — COVERAGE. The following shall constitute employees in public employment and their employers subject to the provisions of this law:
(1) Every person in the service of the state or of any political subdivision thereof, under any contract of hire, express or implied, and every official or officer thereof, whether elected or appointed, while performing his official duties, except officials of athletic contests involving secondary schools, as defined by section 33-119, Idaho Code.
(2) Every person in the service of a county, city, or any political subdivision thereof, or of any municipal corporation.
(3) Participants in the Idaho youth conservation project under the supervision of the Idaho state forester.
(4) Every person who is a volunteer emergency responder shall be deemed, for the purposes of this law, to be in the employment of the political subdivision or municipality where the department, agency or organization is organized.
(5) Every person who is a regularly enrolled volunteer member or trainee of the department of disaster and civil defense, or of a civil defense corps, shall be deemed, for the purposes of this law, to be in the employment of the state.
(6) Members of the Idaho national guard while on duty and employees of or persons providing voluntary service to an approved Idaho national guard morale, welfare, and recreational activity. No Idaho compensation benefits shall inure to any such member, employee or volunteer or their beneficiaries for any injury or death compensable under federal law.
(7) A community service worker, as that term is defined in section 72-102, Idaho Code, is considered to be an employee in public employment for purposes of receiving worker’s compensation benefits, which shall be the community service worker’s exclusive remedy for all injuries and occupational diseases as provided under chapters 1 through 8, title 72, Idaho Code.
(8) Every person who participates in a youth employment program funded in whole or in part by state or federal money and administered by a state or federal agency or a nonprofit corporation or entity.
(9) A work experience student, as that term is defined in section 72-102, Idaho Code, who does not receive wages while participating in the school’s work experience program shall be covered by the school district’s policy or by the Idaho higher education policy when the work experience student is not covered by the private or governmental entity that is the student’s work experience employer.
History:
[72-205, added 1971, ch. 124, sec. 3, p. 422; am. 1972, ch. 136, sec. 1, p. 302; am. 1981, ch. 190, sec. 1, p. 335; am. 1989, ch. 155, sec. 13, p. 393; am. 1989, ch. 200, sec. 1, p. 500; am. 1990, ch. 301, sec. 1, p. 831; am. 1990, ch. 335, sec. 2, p. 915; am. 2007, ch. 90, sec. 32, p. 267; am. 2008, ch. 369, sec. 2, p. 1013.; am. 2011, ch. 42, sec. 1, p. 97; am. 2013, ch. 46, sec. 2, p. 100; am. 2018, ch. 39, sec. 1, p. 99.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 2 - SCOPE — COVERAGE — LIABILITY › Section 72-206 - IDAHO YOUTH CONSERVATION PROJECT — COVERAGE.

72-206. IDAHO YOUTH CONSERVATION PROJECT — COVERAGE. The benefits secured by section 72-205[, Idaho Code,] of this act to members of the Idaho youth conservation project under the supervision of the Idaho state forester, while on duty, shall be in accordance with the provisions of section 56-609, Idaho Code.
History:
[72-206, added I.C., sec. 72-206, as added by 1971, ch. 124, sec. 3, p. 422.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 2 - SCOPE — COVERAGE — LIABILITY › Section 72-207 - PUBLIC EMPLOYMENT — RELIEF WORK.

72-207. PUBLIC EMPLOYMENT — RELIEF WORK. Whenever any public or municipal corporation mentioned in section 72-205[, Idaho Code,] of this act shall accept, sponsor, take charge of or manage any work or project for the purpose of relief or assisting unemployment, wherein any part or all of the funds used on such project are granted by the United States of America or by the state of Idaho, the persons so working upon such project shall be deemed employees of the public or municipal corporation so sponsoring, accepting, taking charge of or managing such work or project.
History:
[72-207, added I.C., sec. 72-207, as added by 1971, ch. 124, sec. 3, p. 422.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 2 - SCOPE — COVERAGE — LIABILITY › Section 72-208 - INJURIES NOT COVERED — WILLFUL INTENTION — INTOXICATION.

72-208. INJURIES NOT COVERED — WILLFUL INTENTION — INTOXICATION. (1) No compensation shall be allowed to an employee for injury proximately caused by the employee’s willful intention to injure himself or to injure another.
(2) If intoxication is a reasonable and substantial cause of an injury, no income benefits shall be paid, except where the intoxicants causing the employee’s intoxication were furnished by the employer or where the employer permits the employee to remain at work with knowledge by the employer or his supervising agent that the employee is intoxicated.
(3) "Intoxication" as used in this section means being under the influence of alcohol or of controlled substances, as defined in section 37-2701(e), Idaho Code. Provided, however, that this definition shall not include an employee’s use of a controlled substance for which a prescription has been issued authorizing such substance to be dispensed to the employee, or when such substance is dispensed directly by a physician to the employee, and where the employee’s use of the controlled substance is in accordance with the instructions for use of the controlled substance.
History:
[72-208, as added by 1971, ch. 124, sec. 3, p. 422; am. 1989, ch. 364, sec. 1, p. 912; am. 1997, ch. 274, sec. 2, p. 804; am. 2010, ch. 118, sec. 4, p. 264.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 2 - SCOPE — COVERAGE — LIABILITY › Section 72-209 - EXCLUSIVENESS OF LIABILITY OF EMPLOYER.

72-209. EXCLUSIVENESS OF LIABILITY OF EMPLOYER. (1) Subject to the provisions of section 72-223, Idaho Code, the liability of the employer under this law shall be exclusive and in place of all other liability of the employer to the employee, his spouse, dependents, heirs, legal representatives or assigns.
(2) The liability of an employer to another person who may be liable for or who has paid damages on account of an injury or occupational disease or death arising out of and in the course of employment of an employee of the employer and caused by the breach of any duty or obligation owed by the employer to such other person shall be limited to the amount of compensation for which the employer is liable under this law on account of such injury, disease, or death, unless such other person and the employer agree to share liability in a different manner.
(3) The exemption from liability given an employer by this section shall also extend to the employer’s surety and to all officers, agents, servants and employees of the employer or surety, provided that such exemptions from liability shall not apply in any case where the injury or death is proximately caused by the willful or unprovoked physical aggression of the employer, its officers, agents, servants or employees, which physical aggression must include clear and convincing evidence the employer, its officers, agents, servants, or employees either specifically intended to harm the employee or engaged in conduct knowing that injury or death to the employee was substantially likely to occur. The loss of such exemption applies only to the aggressor and shall not be imputable to the employer unless provoked or authorized by the employer or the employer was a party thereto.
History:
[72-209, added 1971, ch. 124, sec. 3, p. 422; am. 2020, ch. 208, sec. 1, p. 602.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 2 - SCOPE — COVERAGE — LIABILITY › Section 72-210 - EMPLOYER’S FAILURE TO INSURE LIABILITY.

72-210. EMPLOYER’S FAILURE TO INSURE LIABILITY. If an employer fails to secure payment of compensation as required by this act, an injured employee, or one contracting an occupational disease, or his dependents or legal representative in case death results from the injury or disease, may claim compensation under this law and shall be awarded, in addition to compensation, an amount equal to ten per cent (10%) of the total amount of his compensation together with costs, if any, and reasonable attorney’s fees if he has retained counsel.
History:
[72-210, added I.C., sec. 72-210, as added by 1971, ch. 124, sec. 3, p. 422.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 2 - SCOPE — COVERAGE — LIABILITY › Section 72-211 - EXCLUSIVENESS OF EMPLOYEE’S REMEDY.

72-211. EXCLUSIVENESS OF EMPLOYEE’S REMEDY. Subject to the provisions of section 72-223, [Idaho Code,] the rights and remedies herein granted to an employee on account of an injury or occupational disease for which he is entitled to compensation under this law shall exclude all other rights and remedies of the employee, his personal representatives, dependents or next of kin, at common law or otherwise, on account of such injury or disease.
History:
[72-211, added I.C., sec. 72-211, as added by 1971, ch. 124, sec. 3, p. 422.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 2 - SCOPE — COVERAGE — LIABILITY › Section 72-213 - ELECTION OF EXEMPT COVERAGE.

72-213. ELECTION OF EXEMPT COVERAGE. An employer engaged in any of the exempt occupations listed in section 72-212[, Idaho Code,] may elect coverage thereof by a declaration in writing of himself and his surety filed with the commission that the provisions of the law shall apply thereto. Unless the effective date of such coverage is otherwise fixed in such declaration, coverage shall be deemed effective as of the date of filing such election, if the employer also files simultaneously or has on file approved security under section 72-301[, Idaho Code]; otherwise, such coverage shall be deemed effective upon the filing of approved security.
History:
[72-213, added I.C., sec. 72-213, as added by 1971, ch. 124, sec. 3, p. 422.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 2 - SCOPE — COVERAGE — LIABILITY › Section 72-214 - REVOCATION OF ELECTION.

72-214. REVOCATION OF ELECTION. An election of coverage may be revoked by a declaration in writing of the employer and his surety filed with the commission. The effective date of such revocation shall be ten (10) days from the date of its filing, unless such declaration fixes a more remote date.
The cancelation of coverage by a surety shall revoke an election of coverage theretofore made, unless before the effective date of such cancelation the employer files substitute security, supplemented by the new surety’s consent to such election.
History:
[72-214, added I.C., sec. 72-214, as added by 1971, ch. 124, sec. 3, p. 422.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 2 - SCOPE — COVERAGE — LIABILITY › Section 72-216 - CONTRACTORS.

72-216. CONTRACTORS. (1) Liability of employer to employees of contractors and subcontractors. An employer subject to the provisions of this law shall be liable for compensation to an employee of a contractor or subcontractor under him who has not complied with the provisions of section 72-301[,Idaho Code,] in any case where such employer would have been liable for compensation if such employee had been working directly for such employer.
(2) Liability of contractors and subcontractors. The contractor or subcontractor shall also be liable for such compensation, but the employee shall not recover compensation for the same injury from more than one party.
(3) Subrogation.
(a) The employer who shall become liable for and pay such compensation may recover the same from the contractor or subcontractor for whom the employee was working at the time of the accident causing the injury or manifestation of the occupational disease.
(b) The contractor who shall become liable for and pay such compensation may recover the same from the subcontractor for whom the employee was working at the time of the accident causing the injury or manifestation of the occupational disease.
History:
[72-216, added I.C., sec. 72-216, as added by 1971, ch. 124, sec. 3, p. 422.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 2 - SCOPE — COVERAGE — LIABILITY › Section 72-217 - EXTRATERRITORIAL COVERAGE.

72-217. EXTRATERRITORIAL COVERAGE. If an employee, while working outside the territorial limits of this state, suffers an injury or an occupational disease on account of which he, or in the event of death, his dependents, would have been entitled to the benefits provided by this law had such occurred within this state, such employee, or, in the event of his death resulting from such injury or disease, his dependents, shall be entitled to the benefits provided by this law, provided that at the time of the accident causing such injury, or at the time of manifestation of such disease:
(1) His employment is principally localized in this state; or
(2) He is working under a contract of hire made in this state in employment not principally localized in any state; or
(3) He is working under a contract of hire made in this state in employment principally localized in another state, the workmen’s compensation law of which is not applicable to his employer; or
(4) He is working under a contract of hire made in this state for employment outside the United States and Canada.
History:
[72-217, added I.C., sec. 72-217, as added by 1971, ch. 124, sec. 3, p. 422.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 2 - SCOPE — COVERAGE — LIABILITY › Section 72-218 - AWARD SUBJECT TO CREDIT FOR BENEFITS FURNISHED OR PAID UNDER LAWS OF OTHER JURISDICTIONS.

72-218. AWARD SUBJECT TO CREDIT FOR BENEFITS FURNISHED OR PAID UNDER LAWS OF OTHER JURISDICTIONS. The payment or award of benefits under the workmen’s compensation law of another state, territory, province or foreign nation to an employee or his dependents otherwise entitled on account of such injury, occupational disease or death to the benefits of this law shall not be a bar to a claim for benefits under this law, provided that claim under this law is filed within two (2) years after the accident causing such injury, or manifestation of such disease, or death. If compensation is paid or awarded under this law:
(1) The medical and related benefits furnished or paid by the employer under such other workmen’s compensation law on account of such injury, occupational disease, or death shall be credited against the medical and related benefits to which the employee would have been entitled under this law, had claim been made solely under this law;
(2) The total amount of all income benefits paid or awarded the employee under such other workmen’s compensation law shall be credited against the total amount of income benefits which would have been due the employee had claim been made solely under this law;
(3) The total amount of death benefits paid or awarded under such other workmen’s compensation law shall be credited against the total amount of death benefits payable under this law.
History:
[72-218, added I.C., sec. 72-218, as added by 1971, ch. 124, sec. 3, p. 422.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 2 - SCOPE — COVERAGE — LIABILITY › Section 72-219 - INJURIES IN TRANSITORY EMPLOYMENT IN IDAHO.

72-219. INJURIES IN TRANSITORY EMPLOYMENT IN IDAHO. (1) If an employee is entitled to the benefits of this law by reason of an injury sustained or occupational disease contracted in this state in employment by an employer who is domiciled in another state and who has not secured the payment of compensation as required by this law, the employer or his surety may file with the commission a certificate, issued by the board, commission, officer or agency of such other state having jurisdiction over workmen’s compensation claims, certifying that such employer has secured the payment of compensation under the workmen’s compensation law of such other state and that with respect to said injury or disease such employee is entitled to the benefits provided under such law; and shall also file with the commission an irrevocable power of attorney, in form approved by the commission, designating a person or corporation domiciled in this state as his or its attorney-in-fact for acceptance of process in any proceeding brought by such employee or his dependents to enforce his or their rights under this law;
(2) If such employer is a qualified self-insurer under the workmen’s compensation law of such other state, such employer shall, upon submission of evidence satisfactory to the commission of his ability to meet his liability to such employee under this law, be deemed to be a qualified self-insurer under this law;
(3) If such employer’s liability under the workmen’s compensation law of such other state is insured, such employer’s surety, as to such employee or his dependents only, shall be deemed to be an insurer authorized to write insurance under and be subject to this law, provided, however, that unless the contract with said employer requires it to pay an amount equivalent to the compensation benefits provided by this law, its liability for income benefits or for medical and related benefits shall not exceed the amounts of such benefits for which such insurer would have been liable under the workmen’s compensation law of such other state;
(4) If the total amount for which such employer’s insurer is liable under the subdivisions (2) and (3) is less than the total of the compensation benefits to which such employee is entitled under this law, the commission, if it deems necessary, may require the employer to file security, satisfactory to the commission, to secure the payment of benefits due such employee or his dependents under this law; and
(5) Upon compliance with the preceding requirements of this section such employer, as to such employee and his dependents only, shall be deemed to have secured the payment of compensation under this law.
History:
[72-219, added I.C., sec. 72-219, as added by 1971, ch. 124, sec. 3, p. 422.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 2 - SCOPE — COVERAGE — LIABILITY › Section 72-220 - LOCALE OF EMPLOYMENT.

72-220. LOCALE OF EMPLOYMENT. (1) A person’s employment is principally localized in this or another state when:
(a) His employer has a place of business in this or such other state and he regularly works at or from such place of business; or
(b) He is domiciled and spends a substantial part of his working time in the service of his employer in this or such other state.
(2) An employee whose duties require him to travel regularly in the service of his employer in this and one or more other states may, by written agreement with his employer, provide that his employment is principally localized in this or another such state, and, unless such other state refuses jurisdiction, such agreement shall be given effect under this law.
History:
[72-220, added I.C., sec. 72-220, as added by 1971, ch. 124, sec. 3, p. 422.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 2 - SCOPE — COVERAGE — LIABILITY › Section 72-221 - COVERAGE FOR INJURIES OR OCCUPATIONAL DISEASES OUTSIDE STATE PRESUMED.

72-221. COVERAGE FOR INJURIES OR OCCUPATIONAL DISEASES OUTSIDE STATE PRESUMED. An employer who hires workmen within this state to work outside the state may agree with such workmen that the remedies under this act shall be exclusive as to injuries received and occupational diseases contracted outside this state arising out of and in the course of such employment, and all contracts of hiring in this state shall be presumed to include such an agreement.
History:
[72-221, added I.C., sec. 72-221, as added by 1971, ch. 124, sec. 3, p. 422.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 2 - SCOPE — COVERAGE — LIABILITY › Section 72-222 - RECIPROCAL RECOGNITION OF EXTRATERRITORIAL COVERAGE WITH OTHER JURISDICTIONS.

72-222. RECIPROCAL RECOGNITION OF EXTRATERRITORIAL COVERAGE WITH OTHER JURISDICTIONS. For the purpose of effecting mutually satisfactory reciprocal arrangements with other states respecting extraterritorial jurisdictions, the commission is empowered to promulgate special or general regulations not inconsistent with the provisions of this law and, with the approval of the governor, to enter into reciprocal agreements with appropriate boards, commissions, officers or agencies of other states having jurisdiction of workmen’s compensation claims.
History:
[72-222, added I.C., sec. 72-222, as added by 1971, ch. 124, sec. 3, p. 422.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 2 - SCOPE — COVERAGE — LIABILITY › Section 72-225 - MINOR EMPLOYEE.

72-225. MINOR EMPLOYEE. A minor working at an age legally permitted under the laws of this state shall be deemed sui juris for the purpose of this law, and no other person shall have any cause of action or right to compensation for an injury or occupational disease to such minor employee except as expressly provided in this law; but, in the event of a lump sum payment becoming due under this law to such minor employee, the management of the sum shall be within the jurisdiction of the courts, the same as other property of minors.
History:
[72-225, added I.C., sec. 72-225, as added by 1971, ch. 124, sec. 3, p. 422.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 2 - SCOPE — COVERAGE — LIABILITY › Section 72-226 - INSANE PERSON’S COMPENSATION PAYABLE TO GUARDIAN.

72-226. INSANE PERSON’S COMPENSATION PAYABLE TO GUARDIAN. The compensation of a person who is insane shall be paid to his or her guardian.
History:
[72-226, added I.C., sec. 72-226, as added by 1971, ch. 124, sec. 3, p. 422.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 2 - SCOPE — COVERAGE — LIABILITY › Section 72-227 - DOUBTFUL RIGHTS SUBJECT TO COMMISSION’S DETERMINATION.

72-227. DOUBTFUL RIGHTS SUBJECT TO COMMISSION’S DETERMINATION. In case the employer is in doubt as to the respective rights of rival claimants he may apply to the commission to decide between them.
History:
[72-227, added I.C., sec. 72-227, as added by 1971, ch. 124, sec. 3, p. 422.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 2 - SCOPE — COVERAGE — LIABILITY › Section 72-228 - PRESUMPTION FAVORING CERTAIN CLAIMS.

72-228. PRESUMPTION FAVORING CERTAIN CLAIMS. (1) In any claim for compensation, where the employee has been killed, or is physically or mentally unable to testify, and where there is unrebutted prima facie evidence that indicates that the injury arose in the course of employment, it shall be presumed, in the absence of substantial evidence to the contrary, that the injury arose out of the employment and that sufficient notice of the accident causing the injury has been given.
(2) This section shall not apply to any defense under section 72-208, Idaho Code.
History:
[72-228, as added by 1971, ch. 124, sec. 3, p. 422; am. 1997, ch. 274, sec. 3, p. 804.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 2 - SCOPE — COVERAGE — LIABILITY › Section 72-229 - SURETY ESTOPPED TO DENY COVERAGE.

72-229. SURETY ESTOPPED TO DENY COVERAGE. (1) Notwithstanding the provisions of sections 72-204 and 72-205, Idaho Code, a surety which issues to an employer a policy of workers’ compensation insurance and collects a premium based upon moneys paid or to be paid a worker, or a self-insured employer which receives consideration from a worker to cover the cost of workers’ compensation coverage, shall not be permitted to plead and raise the defense that the worker, at the time of the occurrence of the industrial accident or manifestation of the occupational disease, was an independent contractor and not an employee of the surety’s insured employer or of the self-insured employer.
(2) In the event that at the time of the industrial accident or manifestation of an occupational disease the worker has obtained security for payment of compensation as provided under this law, the provisions of subsection (1) of this section shall not apply.
(3) Nothing in this section shall be construed to negate any prohibition contained in section 72-318, Idaho Code.
History:
[72-229, added 1992, ch. 193, sec. 1, p. 602.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 2 - SCOPE — COVERAGE — LIABILITY › Section 72-230 - PUBLIC ASSISTANCE — COVERAGE.

72-230. PUBLIC ASSISTANCE — COVERAGE. (1) Any employer who enters into a written agreement with the Idaho department of health and welfare to provide unpaid work experience, training, or both, to any person receiving public assistance benefits, shall be the "on-site employer" and shall be granted all the protections and immunities granted to any employer under the Idaho worker’s compensation law.
(2) Any person receiving public assistance benefits pursuant to chapter 2, title 56, Idaho Code, who participates in unpaid work experience, training, or both, shall be deemed to be an employee of the "on-site employer" defined in subsection (1) of this section and shall be entitled to all benefits under the Idaho worker’s compensation law.
(3) Any worker’s compensation premiums and losses associated with unpaid work experience or training pursuant to this section shall be assessed against the Idaho department of health and welfare. All protections and immunities granted to any employer under the Idaho worker’s compensation law shall be extended simultaneously to the "on-site employer" defined in subsection (1) of this section and the department of health and welfare.
History:
[72-230, added 1996, ch. 39, sec. 1, p. 102.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 3 - SECURITY FOR COMPENSATION › Section 72-301A - ALTERNATIVE MEANS OF SECURING SELF-INSURANCE.

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 by a cost reimbursement contract with the federal government for work performed in connection with the Idaho national laboratory including research, development, demonstration, testing, national security, defense, environmental cleanup or waste management if the cost reimbursement contract provides for the payment as otherwise required in this chapter. An employer that becomes self-insured under this section is not required to provide and maintain a security deposit, is not required to have a payroll history and is not required to have excess insurance coverage. In addition, because of the federal government reimbursement, the employer’s self-insurance program includes coverage for claims for events taking place before the effective date of the self-insured program, and no separate coverage or deposit for such claims is required.
The commission shall promulgate rules governing the administration of employer self-insurance under this section.
History:
[72-301A, added 2014, ch. 96, sec. 2, p. 264.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 3 - SECURITY FOR COMPENSATION › Section 72-302 - REGULATION OF DEPOSIT WITH STATE TREASURER.

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 default of any employer, self-insured employer or surety upon any such obligation established by final judgment upon which execution may lawfully be issued against the employer or surety; the surety, however, at all times shall have the right to collect the interest, dividends and profits upon the securities, and from time to time to withdraw the securities or a portion thereof, substituting therefor others of equally good character and value, to the satisfaction of the commission, and the securities shall not be sold under any process against the surety until after thirty (30) days’ notice to the surety, supplying the date, place and manner of sale, and the process under which and the purpose for which the sale is to be made, accompanied by a copy of the process. The surety shall not be permitted to withdraw from the state treasurer the deposits of money or bonds or permit the surety bonds to lapse for a period of one (1) year after discontinuing business within this state, or while any suit is pending or while any judgment against the surety in this state, or award against an employer whose compensation liability is secured by the surety, shall remain unpaid. Securities which are used to satisfy the requirements of this chapter may be held in the federal reserve book-entry system, as defined in section 41-2870(4), Idaho Code, and interests in such securities may be transferred by bookkeeping entry in the federal reserve book-entry system without physical delivery of certificates representing such securities.
History:
[72-302, added I.C., sec. 72-302, as added by 1971, ch. 124, sec. 3, p. 422; am. 1986, ch. 247, sec. 2, p. 667.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 3 - SECURITY FOR COMPENSATION › Section 72-303 - QUALIFICATION SUBJECT TO REGULATION.

72-303. QUALIFICATION SUBJECT TO REGULATION. To the end that payment of compensation secured by this law shall be adequately protected, the commissioner [director] of [the department of] insurance is hereby authorized and empowered to make and change from time to time such reasonable regulations as he may deem necessary with reference to required capital stock, surplus and reserves of sureties securing payment of compensation under this law.
History:
[72-303, added I.C., sec. 72-303, as added by 1971, ch. 124, sec. 3, p. 422.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 3 - SECURITY FOR COMPENSATION › Section 72-304 - PROMPT COMPENSATION PAYMENTS REQUIRED — RULES AND REGULATIONS.

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 to be heard, may withdraw its approval of any employer or surety who unnecessarily delays payment of compensation, and the commissioner [director] of [the department of] insurance upon notification accordingly shall withdraw his authorization of a surety to insure or guarantee the payment of workmen’s compensation liability of employers in this state.
History:
[72-304, added I.C., sec. 72-304, as aded by 1971, ch. 124, sec. 3, p. 422.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 3 - SECURITY FOR COMPENSATION › Section 72-305 - CLAIMS SERVICES AND MEDICAL SUPERVISION.

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 its insureds through medical consultants located within the state or near enough to provide prompt and continuous service.
History:
[72-305, added I.C., sec. 72-305, as added by 1971, ch. 124, sec. 3, p. 422.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 3 - SECURITY FOR COMPENSATION › Section 72-306 - RECITALS IN INSURANCE CONTRACTS.

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 setting forth the right of an employee to enforce in his own name, either by at any time filing a separate claim or by at any time making the surety a party to the original claim, the liability of the surety in whole or in part for the payment of such compensation, provided, that payment in whole or in part of such compensation by either the employer or the surety shall, to the extent thereof, be a bar to the recovery against the other of the amount so paid.
History:
[72-306, added I.C., sec. 72-306, as added by 1971, ch. 124, sec. 3, p. 422.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 3 - SECURITY FOR COMPENSATION › Section 72-306A - DEDUCTIBLE CONTRACT.

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 department of insurance shall approve a contract containing such a deductible if, but only if, he finds the following standards have been met:
(a) Claimants’ rights are properly protected and claimants’ benefits are paid without regard to any such deductible;
(b) Premium reductions reflect the type and level of the deductible, consistent with accepted actuarial standards;
(c) Premium reductions for deductibles are determined before application of any experience modification, premium surcharge or premium discount;
(d) Recognition is given to policyholder characteristics, including size, financial capabilities, nature of activities and number of employees;
(e) The policyholder is liable to the surety for the deductible amount in regard to benefits paid for compensable claims;
(f) The surety pays all of the deductible amount, applicable to a compensable claim, to the person or provider entitled to benefits and then seeks reimbursement from the policyholder for the applicable deductible amount;
(g) Failure to reimburse deductible amounts by the policyholder to the surety is treated under the policy in the same manner as nonpayment of premiums; and
(h) Losses subject to the deductible shall be reported and recorded as losses for purposes of ratemaking and application of the experience rating plan on the same basis as losses under policies providing first dollar coverage; and
(i) The contract otherwise complies with the statutes of this state.
(3) The premium tax required to be paid pursuant to section 72-523, Idaho Code, shall be calculated based on premiums which would have been charged but for the deductible. For all other taxes and assessments, including residual market assessments, based on premium, the amount of premium shall be determined after application of the deductible.
History:
[72-306A, added 1993, ch. 223, sec. 1, p. 759.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 3 - SECURITY FOR COMPENSATION › Section 72-307 - KNOWLEDGE OF EMPLOYER TO AFFECT SURETY.

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 the part of the employer shall be deemed notice or knowledge, as the case may be, on the part of the surety, that the jurisdiction of the employer shall, for the purpose of this law, be the jurisdiction of the surety, and that the surety shall in all things be bound by and subject to the orders, findings, decisions, or awards of the commission rendered against the employer for the payment of compensation.
History:
[72-307, added I.C., sec. 72-307, as added by 1971, ch. 124, sec. 3, p. 422.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 3 - SECURITY FOR COMPENSATION › Section 72-308 - INSOLVENCY OF EMPLOYER NOT TO RELEASE SURETY.

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 received or occupational diseases contracted or death sustained by an employee during the life of such policy or contract.
History:
[72-308, added I.C., sec. 72-308, as added by 1971, ch. 124, sec. 3, p. 422.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 3 - SECURITY FOR COMPENSATION › Section 72-309 - INSURANCE CONTRACT DEEMED REFORMED.

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.
History:
[72-309, added I.C., sec. 72-309, as added by 1971, ch. 124, sec. 3, p. 422.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 3 - SECURITY FOR COMPENSATION › Section 72-310 - MISREPRESENTATION NOT TO AFFECT EMPLOYEE’S RIGHTS.

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 acceptance of the risk if known by the surety. In no case shall the holding of the policy, contract or bond void between the surety and employer affect the surety’s obligation to the employer’s employees or their dependents to pay compensation and to discharge other obligations under this law. In such case, the surety shall have a right of action against the employer for any amounts for which the surety is liable under such policy, contract or bond.
(2) As between any such employee or his dependents and the surety no question as to breach of warranty or misrepresentation by the insured shall be raised by the surety in any proceeding or any appeal therefrom.
History:
[72-310, added I.C., sec. 72-310, as added by 1971, ch. 124, sec. 3, p. 422.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 3 - SECURITY FOR COMPENSATION › Section 72-311 - NOTICE OF SECURITY — CANCELLATION OF SURETY CONTRACT.

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 act, where the policy, contract, or bond is intended to provide coverage of greater than one hundred eighty (180) days, shall be canceled or not renewed until at least sixty (60) days after notice of cancellation has been filed with the industrial commission, and also served on the other contracting party either personally or by certified mail to the last known address of the other contracting party. If cancellation is due to failure to pay premiums, material misrepresentations by the insured, substantial and unforeseen changes in the risk assumed, substantial breaches of contractual duties, conditions or warranties, or the policy is being canceled or not renewed at the request of the policyholder, then at least ten (10) days’ notice of cancellation is required and the notice shall be filed as required in this section. For purposes of this section, service by certified mail is complete either on acknowledgement of receipt or refusal of the notice by the contracting party or the fifteenth day after the date the postal authority first attempts to deliver the certified mail as evidenced by P.S. form 3849 or other similar document.
(3) A contracting party may, by its own representations or actions, be estopped by the commission from relying on the time limitations set out herein.
History:
[72-311, as added by 1971, ch. 124, sec. 3, p. 422; am. 1972, ch. 185, sec. 1, p. 472; am. 1987, ch. 278, sec. 16, p. 587; am. 1988, ch. 238, sec. 1, p. 466; am. 1994, ch. 178, sec. 1, p. 417; am. 2006, ch. 16, sec. 29, p. 65.]