72-229. SURETY ESTOPPED TO DENY COVERAGE. (1) Notwithstanding the provisions of sections 72-204 and 72-205, Idaho Code, a surety which issues to an employer a policy of workers’ compensation insurance and collects a premium based upon moneys paid or to be paid a worker, or a self-insured employer which receives consideration from a worker to cover the cost of workers’ compensation coverage, shall not be permitted to plead and raise the defense that the worker, at the time of the occurrence of the industrial accident or manifestation of the occupational disease, was an independent contractor and not an employee of the surety’s insured employer or of the self-insured employer.
(2) In the event that at the time of the industrial accident or manifestation of an occupational disease the worker has obtained security for payment of compensation as provided under this law, the provisions of subsection (1) of this section shall not apply.
(3) Nothing in this section shall be construed to negate any prohibition contained in section 72-318, Idaho Code.
History:
[72-229, added 1992, ch. 193, sec. 1, p. 602.]
Structure Idaho Code
Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION
Chapter 2 - SCOPE — COVERAGE — LIABILITY
Section 72-201 - DECLARATION OF POLICE POWER.
Section 72-202 - INTERSTATE COMMERCE.
Section 72-203 - EMPLOYMENTS COVERED.
Section 72-204 - PRIVATE EMPLOYMENT — COVERAGE.
Section 72-205 - PUBLIC EMPLOYMENT GENERALLY — COVERAGE.
Section 72-206 - IDAHO YOUTH CONSERVATION PROJECT — COVERAGE.
Section 72-207 - PUBLIC EMPLOYMENT — RELIEF WORK.
Section 72-208 - INJURIES NOT COVERED — WILLFUL INTENTION — INTOXICATION.
Section 72-209 - EXCLUSIVENESS OF LIABILITY OF EMPLOYER.
Section 72-210 - EMPLOYER’S FAILURE TO INSURE LIABILITY.
Section 72-211 - EXCLUSIVENESS OF EMPLOYEE’S REMEDY.
Section 72-212 - EXEMPTIONS FROM COVERAGE.
Section 72-213 - ELECTION OF EXEMPT COVERAGE.
Section 72-214 - REVOCATION OF ELECTION.
Section 72-217 - EXTRATERRITORIAL COVERAGE.
Section 72-219 - INJURIES IN TRANSITORY EMPLOYMENT IN IDAHO.
Section 72-220 - LOCALE OF EMPLOYMENT.
Section 72-221 - COVERAGE FOR INJURIES OR OCCUPATIONAL DISEASES OUTSIDE STATE PRESUMED.
Section 72-222 - RECIPROCAL RECOGNITION OF EXTRATERRITORIAL COVERAGE WITH OTHER JURISDICTIONS.
Section 72-223 - THIRD PARTY LIABILITY.
Section 72-225 - MINOR EMPLOYEE.
Section 72-226 - INSANE PERSON’S COMPENSATION PAYABLE TO GUARDIAN.
Section 72-227 - DOUBTFUL RIGHTS SUBJECT TO COMMISSION’S DETERMINATION.
Section 72-228 - PRESUMPTION FAVORING CERTAIN CLAIMS.