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S1440.......................................by COMMERCE AND HUMAN RESOURCES
EMPLOYEES - DISABILITY BENEFITS - Repeals and amends existing law to
provide circumstances under which an injured employee is not entitled to
temporary disability benefits.
02/16 Senate intro - 1st rdg - to printing
02/17 Rpt prt - to Com/HuRes
S1440
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1440
BY COMMERCE AND HUMAN RESOURCES COMMITTEE
1 AN ACT
2 RELATING TO WORKER'S COMPENSATION; REPEALING SECTION 72-403, IDAHO CODE; AND
3 AMENDING SECTION 72-408, IDAHO CODE, TO PROVIDE CIRCUMSTANCES UNDER WHICH
4 AN INJURED EMPLOYEE IS NOT ENTITLED TO TEMPORARY DISABILITY BENEFITS AND
5 TO MAKE TECHNICAL CORRECTIONS.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 72-403, Idaho Code, be, and the same is hereby
8 repealed.
9 SECTION 2. That Section 72-408, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 72-408. INCOME BENEFITS FOR TOTAL AND PARTIAL DISABILITY. Income benefits
12 for total and partial disability during the period of recovery, and thereafter
13 in cases of total and permanent disability, shall be paid to the disabled
14 employee subject to deduction on account of waiting period and subject to the
15 maximum and minimum limits set forth in section 72-409, Idaho Code, as fol-
16 lows:
17 (1) For a period not to exceed a period of fifty-two (52) weeks, an
18 amount equal to sixty-seven per cent percent (67%) of his average weekly wage
19 and thereafter an amount equal to sixty-seven per cent percent (67%) of the
20 currently applicable average weekly state wage.
21 (2) Partial disability. For partial disability during the period of
22 recovery an amount equal to sixty-seven per cent percent (67%) of his decrease
23 in wage-earning capacity, but in no event to exceed the income benefits pay-
24 able for total disability.
25 (3) If an injured employee refuses or unreasonably fails to seek suitable
26 work, or refuses or unreasonably fails or neglects to work after suitable work
27 is offered to, procured by or secured for the employee, the injured employee
28 shall not be entitled to temporary disability benefits during the period of
29 such refusal, failure or neglect. If the employer has made a written offer of
30 suitable work to the injured employee, and the employee fails to accept the
31 offer, a presumption arises that the employee has not complied with the provi-
32 sions of this subsection.
33 (4) If the employee has been terminated from employment for violation of
34 work rules or other reasons constituting misconduct on the employee's part,
35 the employee is not entitled to temporary disability benefits if a physician
36 has approved as suitable employment a modified job that was available and for
37 which the employee was eligible at the time the employment was terminated.
38 However, under these circumstances, the employee shall be entitled to have
39 said benefits reinstated upon a showing by the employee that employment is not
40 available in the general labor market which is consistent with the terms of
41 the employee's light duty or modified work release.
42 (5) If the employee has voluntarily left employment without good cause
2
1 connected with the employment, the employee is not entitled to temporary dis-
2 ability benefits if a physician has approved as suitable employment a modified
3 job that was available and for which the employee was eligible at the time the
4 employee left.
STATEMENT OF PURPOSE
RS 09907
In the Workers, Compensation System there are certain expectations
and responsibilities placed on both the employer and the employee
in order for the system to function as it was intended. The purpose
of this bill is to clarify those responsibilities in the area of
temporary income disability benefit payments.
Temporary income disability benefits serve as replacement income
for injured workers during the time of their recovery when they are
unable to work.
These benefits are also paid to recovering injured workers who are
working in a modified duty capacity for lesser wages. The benefits
then serve to bring the injured worker up to his/her usual pay.
This legislation further clarifies that an employer is only required
to pay temporary income disability benefits if an injured worker is
not working due to the workers' compensation injury. Employers are
not required to pay temporary income disability benefits if an injured
worker, approved for modified duty, (1) unreasonably refuses suitable
work, (2) voluntarily quits his or her job, or (3) is terminated for
misconduct unrelated to the workers' compensation claim.
In the case of termination, if the injured worker can prove that other
suitable work is not available in the general labor market, then
temporary disability income benefits will be restored.
FISCAL NOTE
There will be no impact to the General Fund.
CONTACT: Dawn Justice
Idaho Association of Commerce and Industry
343-1849
STATEMENT OF PURPOSE/FISCAL NOTE S 1440