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Idaho Code § 72-408

Income benefits for total and partial disability

Applied in 3 court decisions — leading case Hipwell v. Challenger Pallet & Supply (1993)

Most recently applied in Reese v. V-1 Oil Co. (June 2005)

I.C., § 72-408, as added by 1971, ch. 124, § 3, p. 422; am. 1974, ch. 208, § 4, p. 1538; am. 1982, ch. 231, § 2, p. 608; am. 1991, ch. 207, § 1, p. 488.

How often courts cite this section

19902000200510
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

Income benefits for total and partial disability during the period of recovery, and thereafter in cases of total and permanent disability, shall be paid to the disabled employee subject to deduction on account of waiting period and subject to the maximum and minimum limits set forth in section 72-409, Idaho Code, as follows:

(1) For a period not to exceed a period of fifty-two (52) weeks, an amount equal to sixty-seven per cent (67%) of his average weekly wage and thereafter an amount equal to sixty-seven per cent (67%) of the currently applicable average weekly state wage.

(2) Partial disability. For partial disability during the period of recovery an amount equal to sixty-seven per cent (67%) of his decrease in wage-earning capacity, but in no event to exceed the income benefits payable for total disability.

Current official text: Idaho Statutes (Idaho Legislature). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Idaho statutes; confirm against the official source for the current text. Not legal advice.