|
|   Idaho Statutes
ati58704.tmp
WORKER’S
COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION CHAPTER 3 SECURITY FOR COMPENSATION 72-332.Payment for second injuries from industrial special indemnity
account. (1) If an employee who has a permanent physical impairment from any
cause or origin, incurs a subsequent disability by an injury or occupational
disease arising out of and in the course of his employment, and by
reason of the combined effects of both the pre-existing impairment
and the subsequent injury or occupational disease or by reason of
the aggravation and acceleration of the pre-existing impairment suffers
total and permanent disability, the employer and surety shall be liable
for payment of compensation benefits only for the disability caused
by the injury or occupational disease, including scheduled and unscheduled
permanent disabilities, and the injured employee shall be compensated
for the remainder of his income benefits out of the industrial special
indemnity account. (2) "Permanent
physical impairment" is as defined in section 72-422, Idaho Code,
provided, however, as used in this section such impairment must be
a permanent condition, whether congenital or due to injury or disease,
of such seriousness as to constitute a hindrance or obstacle to obtaining
employment or to obtaining re-employment if the claimant should become
employed. This shall be interpreted subjectively as to the particular
employee involved, however, the mere fact that a claimant is employed
at the time of the subsequent injury shall not create a presumption
that the pre-existing permanent physical impairment was not of such
seriousness as to constitute such hindrance or obstacle to obtaining
employment. The Idaho Code is made available on the Internet by the Idaho Legislature as a public service. This Internet version of the Idaho Code may not be used for commercial purposes, nor may this database be published or repackaged for commercial sale without express written permission. Search the Idaho Statutes Available Reference: Search Instructions. The Idaho Code is the property of the state of Idaho, and is copyrighted by Idaho law, I.C. § 9-350. According to Idaho law, any person who reproduces or distributes the Idaho Code for commercial purposes in violation of the provisions of this statute shall be deemed to be an infringer of the state of Idaho's copyright. |
