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H0673...........................................................by BUSINESS
WORKER'S COMPENSATION - Amends existing law to provide a statute of
limitations on medical benefits in denied worker's compensation claims.
02/12 House intro - 1st rdg - to printing
02/13 Rpt prt - to Bus
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 673
BY BUSINESS COMMITTEE
1 AN ACT
2 RELATING TO WORKER'S COMPENSATION PROCEDURES; AMENDING SECTION 72-706, IDAHO
3 CODE, TO PROVIDE A STATUTE OF LIMITATIONS ON MEDICAL BENEFITS IN DENIED
4 WORKER'S COMPENSATION CLAIMS.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 72-706, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 72-706. LIMITATION ON TIME ON APPLICATION FOR HEARING. (1) When no com-
9 pensation paid. When a claim for compensation has been made and no compensa-
10 tion has been paid thereon, the claimant, unless misled to his prejudice by
11 the employer or surety, shall have one (1) year from the date of making claim
12 within which to make and file with the commission an application requesting a
13 hearing and an award under such claim.
14 (2) When compensation discontinued. When payments of compensation have
15 been made and thereafter discontinued, the claimant shall have five (5) years
16 from the date of the accident causing the injury or date of first manifesta-
17 tion of an occupational disease within which to make and file with the commis-
18 sion an application requesting a hearing for further compensation and award.
19 (3) When income benefits discontinued. If income benefits have been paid
20 and discontinued more than four (4) years from the date of the accident caus-
21 ing the injury or the date of first manifestation of an occupational disease,
22 the claimant shall have one (1) year from the date of the last payment of
23 income benefits within which to make and file with the commission an applica-
24 tion requesting a hearing for additional income benefits.
25 (4) Medical benefits. The payment of medical benefits beyond five (5)
26 years from the date of the accident causing the injury or the date of first
27 manifestation of an occupational disease shall not extend the time for filing
28 a claim or an application requesting a hearing for additional income benefits
29 as provided in this section.
30 (5) Right to medical benefits not affected. Except under circumstances
31 provided for in subsection (1) of this section, tThe provisions of this sec-
32 tion shall not affect a claimant's right to medical benefits under the provi-
33 sions of section 72-432(1), Idaho Code, provided that the claimant has com-
34 plied with any requirements of subsections (2) and (3) of this section and
35 that compensation has been paid so as to make subsections (2), (3) and (4) of
36 this section operable.
37 (6) Relief barred. In the event an application is not made and filed as
38 in this section provided, relief on any such claim shall be forever barred.
STATEMENT OF PURPOSE
RS 13931
The amendment clarifies issues relating to the impact and meaning
of Idaho Code section 72-706(5) as it was amended in 1991, and has
been subsequently interpreted by the Idaho Industrial Commission.
The amendment removes concerns over the absence of a statute of
limitations on medical benefits in denied workers' compensation
claims.
FISCAL NOTE
There is no fiscal impact.
Contact: Teresa Molitor
Idaho Association of Commerce & Industry
343-1849
STATEMENT OF PURPOSE/FISCAL NOTE H 673