TITLE 72

WORKER’S COMPENSATION AND RELATED LAWS — INDUSTRIAL COMMISSION

CHAPTER 7

PROCEDURES

72-719.  Modification of awards and agreements — Grounds — Time within which made. (1) On application made by a party in interest filed with the commission at any time within five (5) years of the date of the accident causing the injury or date of first manifestation of an occupational disease, on the ground of a change in conditions, the commission may, but not oftener than once in six (6) months, review any order, agreement or award upon any of the following grounds:

(a)  Change in the nature or extent of the employee’s injury or disablement; or

(b)  Fraud.

(2)  The commission on such review may make an award ending, diminishing or increasing the compensation previously agreed upon or awarded, subject to the maximum and minimum provided in this law, and shall make its findings of fact, rulings of law and order or award, file the same in the office of the commission, and immediately send a copy thereof to the parties.

(3)  The commission, on its own motion at any time within five (5) years of the date of the accident causing the injury or date of first manifestation of an occupational disease, may review a case in order to correct a manifest injustice.

(4)  This section shall not apply to a commutation of payments under section 72-404[, Idaho Code].

History:

[72-719, added I.C., sec. 72-719, as added by 1971, ch. 124, sec. 3, p. 422.]