Idaho Code § 72-439

Actually incurred/nonacute occupational disease

Applied in 4 court decisions — leading case Koch v. Micron Technology (2002)

Most recently applied in The Estate of Kurt Aikele v. City of Blackfoot (September 2016)

I.C., § 72-439, as added by 1971, ch. 124, § 3, p. 422; am. 1997, ch. 274, § 12, p. 799.

How often courts cite this section

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.

(1) An employer shall not be liable for any compensation for an occupational disease unless such disease is actually incurred in the employer’s employment.

(2) An employer shall not be liable for any compensation for a nonacute occupational disease unless the employee was exposed to the hazard of such disease for a period of sixty (60) days for the same employer.

(3) Where compensation is payable for an occupational disease, the employer, or the surety on the risk for the employer, in whose employment the employee was last injuriously exposed to the hazard of such disease, shall be liable therefor.

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.