DI 52120.075 Idaho Workers’ Compensation (WC)
A. Types of WC payments
Idaho bases WC payment computations on a 7-day week.
Temporary Total (TT) - maximum period of 52 weeks payable at no more than 67 percent of a disabled worker’s average weekly wage; after 52 weeks, the maximum benefit is based on the State’s Average Weekly Wage (SAWW) for the duration of the disability. The weekly benefit amount is subject to minimum and maximum limits based on SAWW, which is updated annually effective January 1.
Temporary Partial (TP) - maximum period is duration of disability. TP rate cannot exceed TT rate.
Permanent partial impairment (PPI) – (code as PP). The percentage of impairment is multiplied times 500 weeks to determine the number of weeks; the rate is 55 percent of the SAWW in the year of injury.
Permanent partial (PP) - paid for a specified number of weeks based on the facts of the case; like PPI, the rate is 55 percent of the SAWW.
Permanent Total (PT) - maximum period is duration of disability.
If the evidence is insufficient to determine the worker’s benefit amount, contact the Claims and Benefits Department of the Idaho Industrial Commission for verification.
Establish a diary for one year from the date WC TT payments began. Develop for proof of the reduced payment. If a child is receiving an allowance, see DI 52150.035A - Determining WC/PDB Amounts for Offset Computations.
B. Cost-of-living Adjustments (COLAs)
Idaho does not provide for cost of living increases for any type of WC payment.
C. Attorney fees
The Idaho Industrial Commission (IIC) must approve fees.
D. Retirement insurance benefit (RIB) considerations
Idaho does not offset its WC for SSA retirement benefits.
E. Lump sum payments
Any interested party may apply for WC benefits to be paid in one or more lump sum payments. If the LS payment fully discharges the employer’s WC liability, the payment meets SSA’s definition of a lump sum for proration purposes. For more information, see DI 52150.060 - Prorating a Workers’ Compensation/Public Disability Benefits (WC/PDB) Lump Sum.
F. Verifying WC
Form SSA-1709 (Request for Worker’s Compensation/Public Benefit Disability Information) should be used to request information by fax, and MUST be signed by the number holder. Fax your requests on Form SSA- 1709 to Fax # 208-334-2321. The Idaho Industrial Commission also has a contact number 208-334-6000, and ask for the benefits department. Address:Idaho Industrial CommissionP.O. Box 83720 Boise, ID 83720-0041
Idaho Industrial Commission: http://www.iic.idaho.gov/
Idaho State Insurance Fund: http://www.idahosif.org/
Idaho Statutes, Title 72, Chapter 4 Benefits http://www3.state.id.us/idstat/TOC/72004KTOC.html