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H0714......................................................by STATE AFFAIRS
WORKER'S COMPENSATION - Amends existing law to provide that during the
first fifty-two weeks of total disability, if the maximum benefit of ninety
percent of the employee's average weekly wage is less than fifteen percent
of the currently applicable average weekly state wage, the employee shall
receive no less than fifteen percent of the currently applicable average
weekly state wage.
02/16 House intro - 1st rdg - to printing
02/17 Rpt prt - to HuRes
02/24 Rpt out - rec d/p - to 2nd rdg
02/25 2nd rdg - to 3rd rdg
03/02 3rd rdg - PASSED - 70-0-0
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
Black(15), Black(23), Boe, Bruneel, Callister, Campbell, Chase,
Clark, Crane, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13),
Field(20), Gagner, Geddes, Gould, Hadley, Hansen, Henbest, Hornbeck,
Jaquet, Jones(9) Jones(22), Jones(20), Judd, Kellogg, Kempton,
Kendell, Kjellander, Kunz, Lake, Linford, Loertscher, Mader, Marley,
McKague, Meyer, Miller, Mortensen, Newcomb, Pischner, Pomeroy,
Reynolds, Richman, Ridinger, Robison, Sali, Schaefer, Stevenson,
Stoicheff, Stone, Stubbs, Taylor, Tilman, Tippets, Trail, Watson,
Wheeler, Wood, Zimmermann, Mr. Speaker.
NAYS -- None
Absent and excused -- None
Floor Sponsor - Deal
Title apvd - to Senate
03/03 Senate intro - 1st rdg - to Com/HuRes
03/13 Rpt out - rec d/p - to 2nd rdg
03/16 2nd rdg - to 3rd rdg
03/18 3rd rdg - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett,
Sweeney, Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Hansen
Floor Sponsor - Cameron
Title apvd - to House
03/19 To enrol - rpt enrol - Sp signed
Pres signed - to Governor
03/20 Governor signed
Session Law Chapter 210
Effective: 03/20/98
H0714|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 714 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO WORKER'S COMPENSATION; AMENDING SECTION 72-409, IDAHO CODE, TO 3 PROVIDE THAT DURING THE FIRST FIFTY-TWO WEEKS OF TOTAL DISABILITY, IF THE 4 MAXIMUM BENEFIT OF NINETY PERCENT OF THE EMPLOYEE'S AVERAGE WEEKLY WAGE IS 5 LESS THAN FIFTEEN PERCENT OF THE CURRENTLY APPLICABLE AVERAGE WEEKLY STATE 6 WAGE, THE EMPLOYEE SHALL RECEIVE NO LESS THAN FIFTEEN PERCENT OF THE CUR- 7 RENTLY APPLICABLE AVERAGE WEEKLY STATE WAGE AND TO MAKE TECHNICAL CORREC- 8 TIONS; AND DECLARING AN EMERGENCY. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. That Section 72-409, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 72-409. MAXIMUM AND MINIMUM INCOME BENEFITS FOR TOTAL DISABILITY. (1) The 13 weekly income benefits provided for in section 72-408(1), Idaho Code, shall be 14 subject to a maximum of ninetyper centpercent 15 (90%) and a minimum of forty-fiveper centpercent 16 (45%) of the currently applicable average weekly state wage, provided, how- 17 ever, that during the first fifty-two (52) weeks of total disability income 18 benefits shall not in any case exceed ninetyper centper- 19 cent (90%) of the employee's average weekly wage , but if during 20 the first fifty-two (52) weeks ninety percent (90%) of the employee's average 21 weekly wage is less than fifteen percent (15%) of the currently applicable 22 average weekly state wage, then the employee shall receive no less than fif- 23 teen percent (15%) of the currently applicable average weekly state wage, 24 except as benefits may be increased by reason of increases in the aver- 25 age weekly state wage as computed in subsection (2) hereof, nor shall income 26 benefits paid subsequent to the first fifty-two (52) weeks of total disability 27 exceed income benefits paid during the first fifty-two (52) weeks of total 28 disability except as the same may be increased by reason of increases in the 29 average weekly state wage, provided, however, that where an employee's benefit 30 rate for the first fifty-two (52) week period was less than the minimums pre- 31 scribed above, his benefit rate thereafter shall be not less than forty-five 32per centpercent (45%) of the currently applicable 33 average weekly state wage. 34 (2) For the purpose of this law the average weekly wage in the state 35 shall be determined by the commission as follows: on or before June 1 of each 36 year, the total wages reported on contribution reports to the department of 37 employment for the preceding calendar year shall be divided by the average 38 monthly number of insured workers determined by dividing the total insured 39 workers reported for the preceding year by twelve (12). The average annual 40 wage thus obtained shall be divided by fifty-two (52) and the average weekly 41 state wage thus determined rounded to the nearest dollar. The average weekly 42 state wage as so determined shall be applicable for the calendar year commenc- 43 ing January 1 following the June 1 determination. 2 1 SECTION 2. An emergency existing therefor, which emergency is hereby 2 declared to exist, this act shall be in full force and effect on and after its 3 passage and approval.
STATEMENT OF PURPOSE
RS08036C1
To provide a minimum amount of benefits to be paid to a
disabled worker of at least fifteen percent (15%) of the
average weekly state wage for the first 52 weeks, amending
section 72-409, Idaho Code, within the benefits chapter concerning
Worker's Compensation
and Related Laws, thereby eliminating the possibility of
extreme hardship.
FISCAL IMPACT
None.
CONTACT
Name: Representative Bill Deal
Statement of Purpose/Fiscal Impact
H 714