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S1087..........................................by COMMERCE AND HUMAN RESOURCES
WORKER'S COMPENSATION - Amends existing law to provide for the reduction of
income benefits otherwise payable for partial permanent disability or total
permanent disability upon a schedule; to provide that nothing shall affect the
right of an employee to receive benefits for permanent physical impairment as
otherwise provided in the worker's compensation law; and to provide
application.
02/07 Senate intro - 1st rdg - to printing
02/10 Rpt prt - to Com/HuRes
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE SENATE
SENATE BILL NO. 1087
BY COMMERCE AND HUMAN RESOURCES COMMITTEE
1 AN ACT
2 RELATING TO WORKER'S COMPENSATION BENEFITS; AMENDING SECTION 72-430, IDAHO
3 CODE, TO PROVIDE FOR REDUCTION OF INCOME BENEFITS OTHERWISE PAYABLE FOR
4 PARTIAL PERMANENT DISABILITY OR TOTAL PERMANENT DISABILITY UPON A SCHED-
5 ULE, TO PROVIDE THAT NOTHING SHALL AFFECT THE RIGHT OF AN EMPLOYEE TO
6 RECEIVE BENEFITS FOR PERMANENT PHYSICAL IMPAIRMENT AS OTHERWISE PROVIDED
7 IN THE WORKER'S COMPENSATION LAW AND TO PROVIDE APPLICATION.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 72-430, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 72-430. PERMANENT DISABILITY -- DETERMINATION OF -- PERCENTAGES -- SCHED-
12 ULE. (1) Matters to be considered. In determining percentages of permanent
13 disabilities, account shall be taken of the nature of the physical disable-
14 ment, the disfigurement if of a kind likely to handicap the employee in pro-
15 curing or holding employment, the cumulative effect of multiple injuries, the
16 occupation of the employee, and his age at the time of accident causing the
17 injury, or manifestation of the occupational disease, consideration being
18 given to the diminished ability of the afflicted employee to compete in an
19 open labor market within a reasonable geographical area considering all the
20 personal and economic circumstances of the employee, and other factors as the
21 commission may deem relevant, provided that when a scheduled or unscheduled
22 income benefit is paid or payable for the permanent partial or total loss or
23 loss of use of a member or organ of the body no additional benefit shall be
24 payable for disfigurement.
25 (2) All income benefits otherwise payable pursuant to this law, for par-
26 tial permanent disability or total permanent disability following the period
27 of recovery shall be reduced in accordance with the provisions of subsection
28 (2)(b) of this section.
29 (a) The following reduction shall take effect upon the date that the
30 employee qualifies for full retirement age social security benefits under
31 the United States social security act.
32 (b) Where the accident and injury, or manifestation of an occupational
33 disease, occurs on or after: (i) the employee's fortieth birthday but
34 before the fiftieth birthday the weekly benefit rate shall be reduced
35 twenty-five percent (25%); (ii) the employee's fiftieth birthday but
36 before the sixtieth birthday the weekly benefit rate shall be reduced
37 fifty percent (50%); (iii) the employee's sixtieth birthday, the weekly
38 benefit rate shall be reduced seventy-five percent (75%).
39 (c) Nothing herein shall affect the right of an employee to receive bene-
40 fits for permanent physical impairment as otherwise provided in this law.
41 (d) The provisions of this section shall not apply to benefits for an
42 injury or occupational disease resulting in partial permanent disability
43 or total permanent disability where the accident causing the injury or the
2
1 manifestation of the occupational disease occurred prior to July 1, 2003.
2 (3) Preparation of schedules--Availability for inspection--Prima facie
3 evidence. The commission may prepare, adopt and from time to time amend a
4 schedule for the determination of the percentages of unscheduled permanent
5 injuries less than total, including, but not limited to, a schedule for par-
6 tial loss of binaural hearing and for loss of teeth, and methods for determi-
7 nation thereof. Such schedule shall be available for public inspection, and
8 without formal introduction in evidence shall be prima facie evidence of the
9 percentages of permanent disabilities to be attributed to the injuries or dis-
10 eases covered by such schedule.
STATEMENT OF PURPOSE
RS 12939
The purpose of this legislation is to address an irregularity in
the application of Workers' Compensation Disability Income
Replacement Benefits. A majority of states have already amended
their workers' compensation statutes to resolve this concern. If
an injured employee is eligible for disability income replacement
benefits, this proposal would clearly delineate in code how those
benefits would be paid upon retirement, based on when the
accident or occupational disease occurred.
FISCAL NOTE
There is no fiscal impact to the General Fund.
CONTACT: Dawn Justice, Idaho Assoc. of Commerce & Industry
(208) 343-1849
STATEMENT OF PURPOSE/FISCAL NOTE S 108