reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 4 - BENEFITS › Section 72-429 - UNSCHEDULED PERMANENT DISABILITIES.

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 the whole man, stated against the scheduled permanent impairments, as the disabilities bear to those produced by the permanent impairments named in the schedule. Weekly income benefits paid pursuant to this section shall likewise be paid at fifty-five percent (55%) of the average weekly state wage for the year of the injury as provided in section 72-428, Idaho Code.
History:
[72-429, as added by 1971, ch. 124, sec. 3, p. 422; am. 1997, ch. 274, sec. 8, p. 808.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 4 - BENEFITS › Section 72-430 - PERMANENT DISABILITY — DETERMINATION OF — PERCENTAGES — SCHEDULE.

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 employee in procuring or holding employment, the cumulative effect of multiple injuries, the occupation of the employee, and his age at the time of accident causing the injury, or manifestation of the occupational disease, consideration being given to the diminished ability of the afflicted employee to compete in an open labor market within a reasonable geographical area considering all the personal and economic circumstances of the employee, and other factors as the commission may deem relevant, provided that when a scheduled or unscheduled income benefit is paid or payable for the permanent partial or total loss or loss of use of a member or organ of the body no additional benefit shall be payable for disfigurement.
(2) Preparation of schedules — Availability for inspection — Prima facie evidence. The commission may prepare, adopt and from time to time amend a schedule for the determination of the percentages of unscheduled permanent injuries less than total, including, but not limited to, a schedule for partial loss of binaural hearing and for loss of teeth, and methods for determination thereof. Such schedule shall be available for public inspection, and without formal introduction in evidence shall be prima facie evidence of the percentages of permanent disabilities to be attributed to the injuries or diseases covered by such schedule.
History:
[72-430, added 1971, ch. 124, sec. 3, p. 422; am. 1982, ch. 231, sec. 5, p. 612; am. 2010, ch. 235, sec. 70, p. 604.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 4 - BENEFITS › Section 72-431 - INHERITABILITY OF SCHEDULED OR UNSCHEDULED INCOME BENEFITS.

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 injury or occupational disease before the expiration of the compensable period specified, the income benefits specified and unpaid at the employee’s death, whether or not accrued or due at the time of his death, shall be paid, under an award made before or after such death, to and for the benefit of the persons within the classes at the time of death and in the proportions and upon the conditions specified in this subsection and in the order named:
(1) To the dependent widow or widower, if there is no child under the age of eighteen (18) or child incapable of self-support; or
(2) If there are both such a widow or widower and such a child or children, one-half (1/2) to such widow or widower and the other one-half (1/2) to such child or children; or
(3) If there is no such widow or widower but such a child or children, then to such child or children; or
(4) If there is no survivor in the above classes, then to the personal representative of the decedent.
History:
[72-431, added I.C., sec. 72-431, as added by 1971, ch. 124, sec. 3, p. 422.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 4 - BENEFITS › Section 72-433 - SUBMISSION OF INJURED EMPLOYEE TO MEDICAL EXAMINATION OR PHYSICAL REHABILITATION.

72-433. SUBMISSION OF INJURED EMPLOYEE TO MEDICAL EXAMINATION OR PHYSICAL REHABILITATION. (1) After an injury or contraction of an occupational disease and during the period of disability the employee, if requested by the employer or ordered by the commission, shall submit himself for examination at reasonable times and places to a duly qualified physician or surgeon. The employee shall be reimbursed for his expenses of necessary travel and subsistence in submitting himself for any such examination and for loss of wages, if any. For purposes of this section, the reimbursement for loss of wages shall be at the employee’s then current rate of pay if the employee is then working; otherwise, such reimbursement shall be at the total temporary disability rate. Reimbursement for travel expenses, if the employee utilizes a private vehicle, shall be at the mileage rate allowed by the state board of examiners for state employees; provided, however, that the employee shall not be reimbursed for the first fifteen (15) miles of any round trip, nor for traveling any round trip distance of fifteen (15) miles or less. Such distance shall be calculated by the shortest practical route of travel.
(2) The employee shall have the right to have a physician or surgeon designated and paid by himself present at an examination by a physician or surgeon so designated by the employer. Such right, however, shall not be construed to deny the employer’s designated physician or surgeon the right to visit the injured employee during reasonable times and under all reasonable conditions during disability. The employee and the examining physician shall have the right to have an audio recording of any examination, but may have a video recording only if the examining physician and the employee consent.
(3) At any time after injury, if an injured employee be sent to a facility approved by the commission for physical or vocational rehabilitation, the employee shall be furnished by the employer reasonable travel accommodations to and from such facility and if the injured employee is an outpatient in a physical rehabilitation facility, he shall be paid daily subsistence as the commission may authorize to cover reasonable expenses of board, lodging and transportation. Reimbursement for transportation expense, if the employee utilizes a private vehicle, shall be at the mileage rate allowed by the state board of examiners for state employees; provided however, that the employee shall not be reimbursed for the first fifteen (15) miles of any round trip, nor for traveling any round trip distance of fifteen (15) miles or less. Such distance shall be calculated by the shortest practical route of travel.
History:
[72-433, as added by 1971, ch. 124, sec. 3, p. 422; am. 1974, ch. 132, sec. 5, p. 1329; am. 1990, ch. 110, sec. 1, p. 221; am. 1997, ch. 274, sec. 10, p. 811.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 4 - BENEFITS › Section 72-434 - EFFECT OF REFUSING MEDICAL EXAMINATION — DISCONTINUANCE OF COMPENSATION.

72-434. EFFECT OF REFUSING MEDICAL EXAMINATION — DISCONTINUANCE OF COMPENSATION. If an injured employee unreasonably fails to submit to or in any way obstructs an examination by a physician or surgeon designated by the commission or the employer, the injured employee’s right to take or prosecute any proceedings under this law shall be suspended until such failure or obstruction ceases, and no compensation shall be payable for the period during which such failure or obstruction continues.
History:
[72-434, as added by 1971, ch. 124, sec. 3, p. 422; am. 1997, ch. 274, sec. 11, p. 811.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 4 - BENEFITS › Section 72-435 - INJURIOUS PRACTICES — SUSPENSION OR REDUCTION OF COMPENSATION.

72-435. INJURIOUS PRACTICES — SUSPENSION OR REDUCTION OF COMPENSATION. If an injured employee persists in unsanitary or unreasonable practices which tend to imperil or retard his recovery the commission may order the compensation of such employee to be suspended or reduced.
History:
[72-435, added I.C., sec. 72-435, as added by 1971, ch. 124, sec. 3, p. 422.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 4 - BENEFITS › Section 72-436 - BURIAL EXPENSES.

72-436. BURIAL EXPENSES. If death results from the injury within four (4) years, the employer shall pay to the person entitled to compensation, or if there is none then to the personal representative of the deceased employee, a sum not to exceed six thousand dollars ($6,000) for funeral and burial or cremation, together with the actual expenses of transportation of the employee’s body to his place of residence within the United States or Canada.
History:
[72-436, added 1971, ch. 124, sec. 3, p. 422; am. 2006, ch. 206, sec. 4, p. 634; am. 2021, ch. 82, sec. 2, p. 271.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 4 - BENEFITS › Section 72-437 - OCCUPATIONAL DISEASES — RIGHT TO COMPENSATION.

72-437. OCCUPATIONAL DISEASES — RIGHT TO COMPENSATION. When an employee of an employer suffers an occupational disease and is thereby disabled from performing his work in the last occupation in which he was injuriously exposed to the hazards of such disease, or dies as a result of such disease, and the disease was due to the nature of an occupation or process in which he was employed within the period previous to his disablement as hereinafter limited, the employee, or, in case of his death, his dependents shall be entitled to compensation.
History:
[72-437, added I.C., sec. 72-437, as added by 1971, ch. 124, sec. 3, p. 422.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 4 - BENEFITS › Section 72-439 - ACTUALLY INCURRED/NONACUTE OCCUPATIONAL DISEASE.

72-439. ACTUALLY INCURRED/NONACUTE OCCUPATIONAL DISEASE. (1) An employer shall not be liable for any compensation for an occupational disease unless such disease is actually incurred in the employer’s employment.
(2) An employer shall not be liable for any compensation for a nonacute occupational disease unless the employee was exposed to the hazard of such disease for a period of sixty (60) days for the same employer.
(3) Where compensation is payable for an occupational disease, the employer, or the surety on the risk for the employer, in whose employment the employee was last injuriously exposed to the hazard of such disease, shall be liable therefor.
History:
[72-439, as added by 1971, ch. 124, sec. 3, p. 422; am. 1997, ch. 274, sec. 12, p. 812.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 4 - BENEFITS › Section 72-440 - TIME OF DEPENDENCY — DEATH BENEFITS.

72-440. TIME OF DEPENDENCY — DEATH BENEFITS. No compensation for death from an occupational disease shall be payable to any person whose relationship to the deceased, which would give right to compensation, arose subsequent to the beginning of the first compensable disability, save only to posthumous children of a marriage existing at the beginning of such disability.
History:
[72-440, added I.C., sec. 72-440, as added by 1971, ch. 124, sec. 3, p. 422.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 4 - BENEFITS › Section 72-441 - NO COMPENSATION IN CASE OF MISREPRESENTATION.

72-441. NO COMPENSATION IN CASE OF MISREPRESENTATION. No compensation shall be payable for an occupational disease if the employee, at the time of entering into the employment of the employer by whom the compensation would otherwise be payable, falsely represented himself in writing as not having previously been disabled, laid off, or compensated in damages or otherwise because of such disease.
History:
[72-441, added I.C., sec. 72-441, as added by 1971, ch. 124, sec. 3, p. 422.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 4 - BENEFITS › Section 72-443 - PERIOD OF EXPOSURE IN SILICOSIS CASES.

72-443. PERIOD OF EXPOSURE IN SILICOSIS CASES. No claim for disability or death from silicosis shall be maintained or prosecuted unless during the ten (10) years immediately preceding the date of disablement the employee has been exposed to the inhalation of silica dust over a period of not less than five (5) years, the last two (2) of which shall have been in this state, under a contract of employment existing in this state, provided, that if the employee shall have been employed by the same employer during the whole of such five (5) year period his right to compensation against such employer shall not be affected by the fact that he had been employed during any part of such period outside of this state.
History:
[72-443, added I.C., sec. 72-443, as added by 1971, ch. 124, sec. 3, p. 422.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 4 - BENEFITS › Section 72-444 - NO COMPENSATION FOR PARTIAL DISABILITY FROM SILICOSIS.

72-444. NO COMPENSATION FOR PARTIAL DISABILITY FROM SILICOSIS. Compensation shall not be payable for partial disability due to silicosis.
History:
[72-444, added I.C., sec. 72-444, as added by 1971, ch. 124, sec. 3, p. 422.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 4 - BENEFITS › Section 72-445 - COMPENSATION FOR TOTAL DISABILITY OR DEATH FROM COMPLICATED SILICOSIS.

72-445. COMPENSATION FOR TOTAL DISABILITY OR DEATH FROM COMPLICATED SILICOSIS. In case of disability or death from silicosis, complicated with tuberculosis of the lungs, income benefits shall be payable as for uncomplicated silicosis, provided, that the silicosis was an essential factor in causing such disability or death. In case of disability or death from silicosis complicated with any other disease, or from any other disease complicated with silicosis, the income benefits shall be reduced as provided in section 72-406[, Idaho Code].
History:
[72-445, added I.C., sec. 72-445, as added by 1971, ch. 124, sec. 3, p. 422.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 4 - BENEFITS › Section 72-446 - NONDISABLING SILICOSIS — COMPENSATION UPON SEVERANCE FROM EMPLOYMENT.

72-446. NONDISABLING SILICOSIS — COMPENSATION UPON SEVERANCE FROM EMPLOYMENT. (1) When an employee, because he has nondisabling silicosis, is discharged from employment in which he is engaged, or when such an employee, after an examination as provided in subsection (2) of this section, and a finding by the medical panel that it is inadvisable for him to continue in his employment, terminates his employment, the commission may allow such compensation on account of such termination of employment as it may deem just, as support money pending his change of employment, payable as in this law elsewhere provided, but in no case to exceed five thousand dollars ($5,000).
(2) Upon application of any employer or employee, the commission may direct any employee of such employer or any employee who, in the course of his employment has been exposed to the inhalation of silica dust, to submit to a medical examination to determine whether the employee has silicosis, and the degree thereof. The results of the examination shall be submitted to the commission, which shall submit copies of such reports to the employer and employee, who shall have opportunity to rebut the same, provided, request therefor is made to the commission within thirty (30) days from the mailing of such report to the parties. The commission shall make its findings as to whether it is inadvisable for the employee to continue in his employment.
History:
[72-446, added I.C., sec. 72-446, as added by 1971, ch. 124, sec. 3, p. 422.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 4 - BENEFITS › Section 72-447 - RECURRING DERMATITIS.

72-447. RECURRING DERMATITIS. A person who has suffered disability from dermatitis and has received income benefits therefor shall not be entitled to income benefits for disability from a later attack of dermatitis due to substantially the same cause, unless immediately preceding the date of the later disablement he has been engaged in the occupation to which the recurrence of the disease is ascribed and under the same employer for at least sixty (60) days.
History:
[72-447, added I.C., sec. 72-447, as added by 1971, ch. 124, sec. 3, p. 422.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 4 - BENEFITS › Section 72-448 - NOTICE AND LIMITATIONS.

72-448. NOTICE AND LIMITATIONS. (1) Unless written notice of the manifestation of an occupational disease is given to the employer within sixty (60) days after its first manifestation, or to the industrial commission if the employer cannot be reasonably located within ninety (90) days after the first manifestation, and unless claim for worker’s compensation benefits for an occupational disease is filed with the industrial commission within one (1) year after the first manifestation, all rights of the employee to worker’s compensation due to the occupational disease shall be forever barred.
(2) Unless written notice of death from an occupational disease is given to the employer within ninety (90) days after the death, or to the industrial commission if the employer cannot be reasonably located within ninety (90) days after the death, and unless claim for worker’s compensation benefits for the death is filed with the industrial commission within one (1) year after the death, all rights to worker’s compensation benefits for the death shall be forever barred.
(3) If notice is given to the industrial commission under subsection (1) or (2) of this section, the industrial commission shall promptly give notice to the employer and the surety.
History:
[72-448, as added by 1971, ch. 124, sec. 3, p. 422; am. 1978, ch. 264, sec. 13, p. 585; am. 1987, ch. 108, sec. 1, p. 220; am. 1997, ch. 274, sec. 13, p. 812.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 4 - BENEFITS › Section 72-449 - POST MORTEM EXAMINATION.

72-449. POST MORTEM EXAMINATION. Upon the filing of a claim for compensation for death from an occupational disease when an autopsy is necessary accurately and scientifically to ascertain and determine the cause of death, the autopsy shall be ordered by the commission. The commission may designate a duly licensed physician, who is a specialist in such examination, to perform or attend the autopsy and to certify his findings thereon. Such findings shall be filed with the commission and shall be a public record. The commission also may exercise such authority on its own motion or on application made to it at any time by any party in interest, in regard to the cause of death or the existence of any occupational disease. All proceedings for compensation shall be suspended upon refusal of a claimant or claimants to permit such autopsy when so ordered, and no compensation shall be payable during the continuance of such refusal.
History:
[72-449, added I.C., sec. 72-449, as added by 1971, ch. 124, sec. 3, p. 422.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 4 - BENEFITS › Section 72-450 - RETRAINING.

72-450. RETRAINING. Following a hearing upon a motion of the employer, the employee, or the commission, if the commission deems a permanently disabled employee, after the period of recovery, is receptive to and in need of retraining in another field, skill or vocation in order to restore his earning capacity, the commission may authorize or order such retraining and during the period of retraining or any extension thereof, the employer shall continue to pay the disabled employee, as a subsistence benefit, temporary total or temporary partial disability benefits as the case may be. The period of retraining shall be fixed by the commission but shall not exceed fifty-two (52) weeks unless the commission, following application and hearing, deems it advisable to extend the period of retraining, in which case the increased period shall not exceed fifty-two (52) weeks. An employer and employee may mutually agree to a retraining program without the necessity of a hearing before the commission.
History:
[72-450, as added by 1974, ch. 132, sec. 6, p. 1329; am. 1978, ch. 264, sec. 14, p. 586; am. 1997, ch. 274, sec. 14, p. 813.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 5 - INDUSTRIAL COMMISSION › Section 72-501A - REHABILITATION DIVISION — BUDGET AND EXPENSE — COMPOSITION AND IMPLEMENTATION.

72-501A. REHABILITATION DIVISION — BUDGET AND EXPENSE — COMPOSITION AND IMPLEMENTATION. (1) In order to assist in reducing the period of temporary disability resulting from an injury and to aid in restoring the injured employee to gainful employment with the least possible permanent physical impairment, the commission shall establish within the commission a rehabilitation division and adopt a program concerning itself with both physical and vocational rehabilitation, the latter of which shall include job placement.
(2) The commission is authorized to budget and expend for such rehabilitation program such funds as may be paid into the industrial administration fund or rehabilitation account thereof by a special premium tax provided by law for this purpose.
(3) The composition of the rehabilitation division and implementation of the rehabilitation program shall be in the discretion of the commission with the counsel, advice, cooperation and expertise of representatives of industry, labor, sureties and the legal and medical professions as well as institutions, hospitals and clinics having physical rehabilitation facilities and with the assistance of the state board for career technical education, when such board is carrying out the duties of chapter 23, title 33, Idaho Code.
History:
[72-501A, added 1978, ch. 273, sec. 2, p. 637; am. 1999, ch. 329, sec. 42, p. 887; am. 2016, ch. 25, sec. 46, p. 63.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 5 - INDUSTRIAL COMMISSION › Section 72-502 - REFERENCES TO INDUSTRIAL COMMISSION TO INCLUDE INDUSTRIAL ACCIDENT BOARD.

72-502. REFERENCES TO INDUSTRIAL COMMISSION TO INCLUDE INDUSTRIAL ACCIDENT BOARD. The references in the Idaho Constitution, Idaho Code and Idaho Rules of Civil Procedure to the "industrial accident board" and "board" shall be deemed to be references to the industrial commission.
History:
[72-502, added I.C., sec. 72-502, as added by 1971, ch. 124, sec. 3, p. 422.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 5 - INDUSTRIAL COMMISSION › Section 72-503 - SALARY.

72-503. SALARY. Commencing July 1, 2023, the annual salary of each member of the industrial commission shall be one hundred nineteen thousand five hundred forty dollars ($119,540). Industrial commissioner salaries shall be paid from sources set by the legislature. Each member of the industrial commission shall devote full time to the performance of his duties.
History:
[72-503, added 1986, ch. 79, sec. 1, p. 238; am. 1990, ch. 345, sec. 1, p. 930; am. 1996, ch. 257, sec. 3, p. 844; am. 1998, ch. 358, sec. 4, p. 1122; am. 2000, ch. 359, sec. 3, p. 1197; am. 2001, ch. 253, sec. 2, p. 918; am. 2004, ch. 281, sec. 3, p. 776; am. 2006, ch. 368, sec. 3, p. 1107; am. 2007, ch. 121, sec. 3, p. 371; am. 2008, ch. 285, sec. 3, p. 808; am. 2012, ch. 224, sec. 3, p. 611; am. 2014, ch. 316, sec. 3, p. 781; am. 2015, ch. 120, sec. 3, p. 306; am. 2016, ch. 247, sec. 3, p. 661; am. 2017, ch. 316, sec. 3, p. 832; am. 2018, ch. 273, sec. 3, p. 650; am. 2019, ch. 137, sec. 3, p. 483; am. 2020, ch. 192, sec. 3, p. 585; am. 2021, ch. 140, sec. 3, p. 389; am. 2022, ch. 243, sec. 3, p. 778; am. 2023, ch. 270, sec. 3, p. 813.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 5 - INDUSTRIAL COMMISSION › Section 72-504 - ORGANIZATION — CHAIRMAN — SECRETARY.

72-504. ORGANIZATION — CHAIRMAN — SECRETARY. The members of the commission shall select one (1) of their members as chairman, and shall select a person qualified, in the judgment of the commission, by experience and training, as secretary, who need not be a member, each of whom shall perform such duties as in this law prescribed and as the commission may from time to time direct.
History:
[72-504, added I.C., sec. 72-504, as added by 1971, ch. 124, sec. 3, p. 422.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 5 - INDUSTRIAL COMMISSION › Section 72-505 - QUORUM — MAJORITY TO ACT — EFFECT OF VACANCY.

72-505. QUORUM — MAJORITY TO ACT — EFFECT OF VACANCY. (1) Quorum. A majority of the commission shall constitute a quorum for the transaction of business.
(2) Act of commission by majority. The act of a majority of the commission when in sessions as the commission shall be deemed to be the act of the commission.
(3) Effect of vacancy. A vacancy on the commission shall not impair the right of the remaining members to perform the duties and exercise all the power and authority of the commission.
History:
[72-505, added I.C., sec. 72-505, as added by 1971, ch. 124, sec. 3, p. 422.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 5 - INDUSTRIAL COMMISSION › Section 72-506 - ACTS OF COMMISSION OR REFERENCE — HEARING OFFICERS.

72-506. ACTS OF COMMISSION OR REFERENCE — HEARING OFFICERS. (1) Any investigation, inquiry or hearing which the commission has power to undertake or hold may be undertaken or held by or before any member thereof or any hearing officer, referee or examiner appointed by the commission for that purpose.
(2) Every finding, order, decision or award made by any member, hearing officer, referee, or examiner pursuant to such investigation, inquiry or hearing, when approved and confirmed by the commission, and ordered filed in its office, shall be deemed to be the finding, order, decision or award of the commission.
History:
[72-506, added I.C., sec. 72-506, as added by 1971, ch. 124, sec. 3, p. 422.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 5 - INDUSTRIAL COMMISSION › Section 72-507 - SEAL.

72-507. SEAL. The commission shall have a seal of which the secretary shall be custodian, bearing the following inscription: "Industrial Commission, State of Idaho, seal." The seal shall be affixed to all writs, orders, awards, authentications of copies of records and to such other instruments as the commission shall direct.
History:
[72-507, added I.C., sec. 72-507, as added by 1971, ch. 124, sec. 3, p. 422.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 5 - INDUSTRIAL COMMISSION › Section 72-508 - AUTHORITY TO ADOPT RULES AND REGULATIONS.

72-508. AUTHORITY TO ADOPT RULES AND REGULATIONS. Pursuant to the provisions of chapter 52, title 67, Idaho Code, the commission shall have authority to promulgate and adopt reasonable rules and regulations for effecting the purposes of this act. Notwithstanding the provisions of chapter 52, title 67, Idaho Code, the commission shall have authority to promulgate and adopt reasonable rules and regulations involving judicial matters. In administrative matters and all other matters, the commission shall be bound by the provisions of chapter 52, title 67, Idaho Code. Rules and regulations as promulgated and adopted, if not inconsistent with law, shall be binding in the administration of this law.
History:
[72-508, added I.C., sec. 72-508, as added by 1971, ch. 124, sec. 3, p. 422; am. 1974, ch. 70, sec. 1, p. 1151; am. 1976, ch. 264, sec. 1, p. 889.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 5 - INDUSTRIAL COMMISSION › Section 72-509 - OFFICES AND SUPPLIES.

72-509. OFFICES AND SUPPLIES. (1) The principal office of the commission shall be located in Ada county.
(2) The commission may establish such branch offices, divisions, sections and advisory committees in such localities in this state as it deems necessary to administer this act, in addition to the offices and committees herein otherwise provided for, and shall have power to rent temporary quarters deemed requisite for the purpose of administering this law.
(3) The commission may acquire office furniture, furnishings, equipment, stationery and supplies deemed requisite for the purpose of administering this law.
History:
[72-509, added I.C., sec. 72-509, as added by 1971, ch. 124, sec. 3, p. 422; am. 2001, ch. 183, sec. 37, p. 641.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 5 - INDUSTRIAL COMMISSION › Section 72-510 - PAYMENT OF EXPENSES.

72-510. PAYMENT OF EXPENSES. The commission shall make such expenditures as may be necessary for the adequate administration of this law, including salaries, other personal services, actual and necessary traveling and other expenses and disbursements of the members of the commission, its officers and employees, incurred while on official business, either within or without the state, office rent, the purchase and rental of vehicles, books, periodicals, office equipment and supplies, printing and binding, cost of membership in official organizations, attendance at meetings and conventions and for all other purposes concerned with subject matters cognizable within this law. All expenditures of the commission, unless otherwise provided in this law, shall be paid out of the industrial administration fund after approval by the board of examiners.
History:
[72-510, added I.C., sec. 72-510, as added by 1971, ch. 124, sec. 3, p. 422.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 5 - INDUSTRIAL COMMISSION › Section 72-511 - RECORDS AND FORMS.

72-511. RECORDS AND FORMS. The commission shall cause to be printed such blank forms as it shall deem requisite to facilitate or promote the efficient administration of this law. It shall provide a book in which shall be entered the minutes of all its proceedings, a book of record in which shall be recorded all awards, and such other books or records as it shall deem requisite for the purposes and efficient administration of this law. All such records shall be kept in the office of the commission.
History:
[72-511, added I.C., sec. 72-511, as added by 1971, ch. 124, sec. 3, p. 422.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 5 - INDUSTRIAL COMMISSION › Section 72-512 - REPORTS.

72-512. REPORTS. The commission shall have the power and authority to publish and distribute at its discretion from time to time, in addition to its annual report, such further reports and bulletins covering its operation, proceedings and matters relative to its work as it may deem advisable.
History:
[72-512, added I.C., sec. 72-512, as added by 1971, ch. 124, sec. 3, p. 422.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 5 - INDUSTRIAL COMMISSION › Section 72-513 - SPECIFIED EMPLOYEES — EXEMPT FROM PERSONNEL SYSTEM.

72-513. SPECIFIED EMPLOYEES — EXEMPT FROM PERSONNEL SYSTEM. The secretary, medical officers, division or section officers, hearing officers, field counselors, examiners and referees, shall be exempt from the system of personnel administration prescribed by chapter 53, title 67, Idaho Code. Field counselors shall not be deemed or considered social workers or engaged in social work.
History:
[72-513, added I.C., sec. 72-513, as added by 1971, ch. 124, sec. 3, p. 422; am. 1974, ch. 132, sec. 7, p. 1329.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 5 - INDUSTRIAL COMMISSION › Section 72-514 - ASSISTANTS.

72-514. ASSISTANTS. The commission shall have the power to employ during its pleasure such additional officers, experts, engineers, statisticians, accountants, inspectors, clerks and employees as it may deem necessary to carry out the provisions of this law or to perform the duties and exercise the powers conferred by law upon the commission.
History:
[72-514, added I.C., sec. 72-514, as added by 1971, ch. 124, sec. 3, p. 422.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 5 - INDUSTRIAL COMMISSION › Section 72-515 - FEES.

72-515. FEES. The commission shall have power and authority to fix, charge and collect fees, as follows:
(1) For copies of papers and records not required to be certified or otherwise authenticated by the commission;
(2) For certified copies of official documents and orders filed in its offices;
(3) For copies of the evidence taken at any proceeding furnished any person other than the claimant or the employer; transcripts of evidence shall be furnished the claimant and the employer on request;
(4) For publications issued under its authority.
The fees charged and collected under this section shall be deposited monthly in the state treasury to the credit of the industrial administration fund, accompanied by a detailed statement.
History:
[72-515, added I.C., sec. 72-515, as added by 1971, ch. 124, sec. 3, p. 422.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 5 - INDUSTRIAL COMMISSION › Section 72-516 - REPORTS.

72-516. REPORTS. (1) Biennially the commission shall make a report to the governor and through him to the state legislature on the operation of this law, including recommendations as to improvements in the law and administration thereof, and a statistical analysis of industrial injury and occupational disease experience and compensation costs.
(2) The commission may prepare and publish such other statistical and informational reports and analyses based upon the reports and records available which, in its opinion, will be useful in attaining public understanding of the purposes, effectiveness, costs, coverage and administrative procedures of workmen’s compensation and rehabilitation in the state, and in providing basic information regarding the occurrence and sources of industrial injuries and occupational diseases for the use of public and private agencies engaged in industrial injury and occupational disease prevention activities.
History:
[72-516, added I.C., sec. 72-516, as added by 1971, ch. 124, sec. 3, p. 422.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 5 - INDUSTRIAL COMMISSION › Section 72-517 - COOPERATION WITH OTHER AGENCIES.

72-517. COOPERATION WITH OTHER AGENCIES. The commission shall have the authority to enter into cooperative agreements with state and federal agencies to share information with those agencies and to cooperate with programs sponsored by all such agencies to facilitate the carrying out of the purposes of this law. Information provided shall be limited to the following:
(1) Individuals and entities operating the business.
(2) Business name.
(3) Mailing address.
(4) Physical location of the business.
(5) Dates of alleged violation of section 72-301, Idaho Code.
(6) Workers performing service for the business.
(7) Contact person.
(8) Telephone number of the contact person.
History:
[72-517, added I.C., sec. 72-517, as added by 1971, ch. 124, sec. 3, p. 422; am. 1974, ch. 9, sec. 2, p. 47; am. 1996, ch. 421, sec. 74, p. 1445; am. 1999, ch. 329, sec. 28, p. 868; am. 2009, ch. 48, sec. 1, p. 129.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 5 - INDUSTRIAL COMMISSION › Section 72-518 - DUTIES OF ATTORNEY GENERAL — REPRESENTATION IN COURT.

72-518. DUTIES OF ATTORNEY GENERAL — REPRESENTATION IN COURT. (1) In any civil action to enforce the provisions of this law, or of any rule or regulation issued pursuant thereto, the commission and the state shall be represented by the attorney general, or if an action is brought in any court of any other state, by any attorney qualified to appear in the courts of that state.
(2) Any criminal action for violation of any provision of this law or of any rule or regulation issued pursuant thereto shall be prosecuted by the attorney general, or, at his request and under his direction, by the prosecuting attorney of any county wherein the defendant resides or has a place of business.
History:
[72-518, added I.C., sec. 72-518, as added by 1971, ch. 124, sec. 3, p. 422.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 5 - INDUSTRIAL COMMISSION › Section 72-519 - CREATION OF INDUSTRIAL ADMINISTRATION FUND — PURPOSE.

72-519. CREATION OF INDUSTRIAL ADMINISTRATION FUND — PURPOSE. A fund is hereby created to be known as the industrial administration fund for the purpose of providing funds for administering the worker’s compensation law by the industrial commission. This fund may also be used to provide funds to the division of occupational and professional licenses for administering logging safety inspections and training under section 67-2605, Idaho Code, conducting inspections of state public buildings under section 67-2313, Idaho Code, and inspections of public school facilities under section 39-8008, Idaho Code.
History:
[72-519, added 1971, ch. 124, sec. 3, p. 422; am. 2015, ch. 110, sec. 5, p. 276; am. 2015, ch. 244, sec. 63, p. 1039; am. 2021, ch. 224, sec. 82, p. 695; am. 2023, ch. 15, sec. 82, p. 120.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 5 - INDUSTRIAL COMMISSION › Section 72-520 - INDUSTRIAL COMMISSION ADMINISTRATOR OF FUND.

72-520. INDUSTRIAL COMMISSION ADMINISTRATOR OF FUND. The industrial administration fund shall be administered by the commission without liability on the part of the state or the commission beyond the amount of the fund. The commission is authorized to credit or remit, refund or pay back any premium tax or penalty or portion thereof paid under this act which the commission determines was paid or collected erroneously or illegally.
History:
[72-520, added I.C., sec. 72-520, as added by 1971, ch. 124, sec. 3, p. 422; am. 1978, ch. 264, sec. 15, p. 586.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 5 - INDUSTRIAL COMMISSION › Section 72-521 - STATE TREASURER CUSTODIAN OF FUND — DUTIES.

72-521. STATE TREASURER CUSTODIAN OF FUND — DUTIES. The state treasurer shall be custodian of the industrial administration fund. He shall give a separate and an additional bond in an amount and with sureties approved by the commissioner [director] of [the department of] insurance, conditioned for the faithful performance of his duty as custodian of this fund.
History:
[72-521, added I.C., sec. 72-521, as added by 1971, ch. 124, sec. 3, p. 422.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 5 - INDUSTRIAL COMMISSION › Section 72-522 - DEPOSIT AND INVESTMENT OF FUND — INTEREST.

72-522. DEPOSIT AND INVESTMENT OF FUND — INTEREST. The state treasurer shall deposit or, on order of the commission, invest any portion of the industrial administration fund not needed for immediate or currently anticipated use, in the manner and subject to all the provisions of 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:
[72-522, added I.C., sec. 72-522, as added by 1971, ch. 124, sec. 3, p. 422.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 5 - INDUSTRIAL COMMISSION › Section 72-523 - SOURCE OF FUND — PREMIUM TAX.

72-523. SOURCE OF FUND — PREMIUM TAX. The state insurance fund, every authorized self-insurer and every surety authorized under the Idaho insurance code or by the director of the department of insurance to transact worker’s compensation insurance in Idaho, in addition to all other payments required by statute, shall semiannually, within thirty (30) days after February 1 and July 1 of each year, pay into the state treasury to be deposited in the industrial administration fund a premium tax as follows:
(1) Commencing January 1, 2016, every surety, other than self-insurers authorized to transact worker’s compensation insurance, a sum equal to two percent (2%) of the net premiums written by each respectively on worker’s compensation insurance in this state during the preceding six (6) months’ period, but in no case less than seventy-five dollars ($75.00);
(2) Each self-insurer, a sum equal to two percent (2%) of the amount of premium such employer who is a self-insurer would be required to pay as premium to the state insurance fund, but in no case less than seventy-five dollars ($75.00);
(3) Notwithstanding the provisions of subsections (1) and (2) of this section, for the period January 1, 2012, through December 31, 2015:
(a) Every surety, other than self-insurers authorized to transact worker’s compensation insurance, a sum equal to two percent (2%) of the net premiums written by each respectively on worker’s compensation insurance in this state during the preceding six (6) months’ period, but in no case less than seventy-five dollars ($75.00); and
(b) Each self-insurer, a sum equal to two percent (2%) of the amount of premium such employer who is a self-insurer would be required to pay as premium to the state insurance fund, but in no case less than seventy-five dollars ($75.00).
(4) Any insurer making any payment into the industrial administration fund under the provisions of subsection (1) of this section or, during the period January 1, 2012, through December 31, 2015, any insurer making any payment into the industrial administration fund under the provisions of subsection (3) of this section, shall be entitled to deduct fifty percent (50%) of the premium tax paid pursuant to this section from any sum that it is required to pay into the department of insurance as a tax on worker’s compensation premiums.
(5) In arriving at net premiums written, dividends paid, declared or payable shall not be deducted.
(6) For the purposes of this section and section 72-524, Idaho Code, net premiums written shall mean the amount of gross direct premiums written, less returned premiums and premiums on policies not taken.
History:
[72-523, added 1971, ch. 124, sec. 3, p. 422; am. 1974, ch. 132, sec. 8, p. 1329; am. 1978, ch. 264, sec. 16, p. 586; am. 1984, ch. 90, sec. 1, p. 189; am. 1990, ch. 253, sec. 1, p. 725; am. 1993, ch. 202, sec. 1, p. 556; am. 2011, ch. 267, sec. 1, p. 727; am. 2013, ch. 254, sec. 1, p. 628; am. 2015, ch. 332, sec. 1, p. 1259.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 5 - INDUSTRIAL COMMISSION › Section 72-524 - SURETIES’ REPORTS OF TAX BASIS.

72-524. SURETIES’ REPORTS OF TAX BASIS. Every surety, other than a self-insurer shall, under oath of the person or officers making the report, within thirty (30) days after February 1 and July 1 of each year, report to the commission the net amount of premium written on worker’s compensation insurance in this state during the preceding six (6) months’ period, and every self-insurer shall, within thirty (30) days after February 1 and July 1 of each year, report in the same manner to the commission the total payroll for the preceding six (6) months’ period. The commission shall have the right, at any time and as often as it requires, to verify the worker’s compensation premiums written by any surety, and to inspect or cause to be inspected the records of any surety underwriting or authorized to underwrite worker’s compensation liability in the state of Idaho for premiums written verification purposes. Failure of any such surety to allow such verification or inspection shall constitute sufficient cause enabling the commission to revoke such surety’s authority to underwrite worker’s compensation liability of any and all employers located, or doing business, in the state of Idaho.
History:
[72-524, added I.C., sec. 72-524, as added by 1971, ch. 124, sec. 3, p. 422; am. 1974, ch. 208, sec. 5, p. 1538; am. 1978, ch. 264, sec. 17, p. 587; am. 1990, ch. 253, sec. 2, p. 726.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 5 - INDUSTRIAL COMMISSION › Section 72-525 - CIVIL ACTION FOR COLLECTION OF PREMIUM TAX — DUTIES OF ATTORNEY GENERAL.

72-525. CIVIL ACTION FOR COLLECTION OF PREMIUM TAX — DUTIES OF ATTORNEY GENERAL. If any surety required to make payment under the provisions of this law shall fail, for a period of ten (10) days after such payment is due as provided by section 72-523, [Idaho Code,] to pay into the state treasury to be deposited in the industrial administration fund the amount 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 due, and the amount collected shall be paid into the state treasury to be deposited in the industrial administration fund.
History:
[72-525, added I.C., sec. 72-525, as added by 1971, ch. 124, sec. 3, p. 422.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 5 - INDUSTRIAL COMMISSION › Section 72-526 - PENALTY FOR DEFAULT — COLLECTION BY CIVIL ACTION — DUTY OF ATTORNEY GENERAL.

72-526. PENALTY FOR DEFAULT — COLLECTION BY CIVIL ACTION — DUTY OF ATTORNEY GENERAL. Any surety who is in default for ten (10) days in any payment required to be made under the provisions of this law shall be liable for a penalty for every ten (10) day period or any part thereof during which such failure continues 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 penalty herein provided, and the amount collected shall be paid into the state treasury to be deposited in the industrial administration fund.
History:
[72-526, added I.C., sec. 72-526, as added by 1971, ch. 124, sec. 3, p. 422.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 5 - INDUSTRIAL COMMISSION › Section 72-527 - CIVIL PENALTY FOR SURETY’S MISREPRESENTATION — DUTY OF ATTORNEY GENERAL.

72-527. CIVIL PENALTY FOR SURETY’S MISREPRESENTATION — DUTY OF ATTORNEY GENERAL. Any surety who shall wilfully misrepresent the amount to be paid into the state treasury under the provisions of this law shall be liable to the state for an amount ten (10) times the difference between the payment made and the amount that should have been paid had such misrepresentation not been made; the liability to the state under this section shall be enforced in a civil action brought by the attorney general in the name of the state in the proper court, and the amount collected shall be paid into the state treasury to be deposited in the industrial administration fund.
History:
[72-527, added I.C., sec. 72-527, as added by 1971, ch. 124, sec. 3, p. 422.]