Print Friendly

HOUSE BILL NO. 680

View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact

---

Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History

---

H0680....................................................by HUMAN RESOURCES
WORKER'S COMPENSATION - Amends existing law to provide that the insurer of
an employer or contractor who must assume worker's compensation liability
for an uninsured contractor or subcontractor shall seek recovery against
the contractor or subcontractor.

02/12    House intro - 1st rdg - to printing
02/13    Rpt prt - to HuRes

Bill Text

H0680


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998
                                                                        

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 680

                               BY HUMAN RESOURCES COMMITTEE

 1                                        AN ACT
 2    RELATING TO WORKER'S COMPENSATION; AMENDING SECTION  72-216,  IDAHO  CODE,  TO
 3        PROVIDE  THAT  THE INSURER SHALL SEEK RECOVERY AGAINST CONTRACTORS OR SUB-
 4        CONTRACTORS WHO ARE  UNINSURED  AND  LIABILITY  MUST  BE  ASSUMED  BY  THE
 5        EMPLOYER OR CONTRACTOR AND TO MAKE TECHNICAL CORRECTIONS.

 6    Be It Enacted by the Legislature of the State of Idaho:

 7        SECTION  1.  That  Section  72-216, Idaho Code, be, and the same is hereby
 8    amended to read as follows:

 9        72-216.  CONTRACTORS. (1) Liability of employer to employees  of  contrac-
10    tors  and  subcontractors.  An  employer subject to the provisions of this law
11    shall be liable for compensation to an employee of a contractor or subcontrac-
12    tor under him who has not complied with the provisions of section  72-301
13    ,  Idaho  Code,   in any case where such employer would have been liable
14    for compensation if such employee had been working directly for such employer.
15        (2)  Liability of contractors and subcontractors. The contractor  or  sub-
16    contractor  shall also be liable for such compensation, but the employee shall
17    not recover compensation for the same injury from  more  than  one    (1)
18     party.
19        (3)  Subrogation.
20        (a)  The  employer  who  shall become liable for and pay such compensation
21        may recover the same from the contractor or  subcontractor  for  whom  the
22        employee  was  working  at  the time of the accident causing the injury or
23        manifestation of the occupational disease.
24        (b)  The contractor who shall become liable for and pay such  compensation
25        may  recover  the  same  from  the subcontractor for whom the employee was
26        working at the time of the accident causing the injury or manifestation of
27        the occupational disease.
28         (4)  In any case when an employer or contractor must assume  liabil-
29    ity  for  an  employee of a contractor or subcontractor, and such liability is
30    met by the insurer of the employer  or  contractor,  the  insurer  shall  seek
31    recovery  authorized  for the employer or contractor from a contractor or sub-
32    contractor. 

Statement of Purpose / Fiscal Impact

    





    STATEMENT OF PURPOSE
    RS07697
    The purpose of this bill is to facilitate the insured and the insurance companies to achieve
    compliance with worker's compensation coverage. The bill will have the insurance company
    attempt to collect the benefits paid out from the responsible uninsured party.
    
    
                             Fiscal Impact
    
    None
    
    CONTACT
    Name: Representative Tim Ridinger
    Phone: 332-1000
    Statement of Purpose/Fiscal Impact
    
    H 680