72-409. MAXIMUM AND MINIMUM INCOME BENEFITS FOR TOTAL DISABILITY. (1) The weekly income benefits provided for in section 72-408(1), Idaho Code, shall be subject to a maximum of ninety percent (90%) and a minimum of forty-five percent (45%) of the currently applicable average weekly state wage, provided, however, that during the first fifty-two (52) weeks of total disability income benefits shall not in any case exceed ninety percent (90%) of the employee’s average weekly wage, but if during the first fifty-two (52) weeks ninety percent (90%) of the employee’s average weekly wage is less than fifteen percent (15%) of the currently applicable average weekly state wage, then the employee shall receive no less than fifteen percent (15%) of the currently applicable average weekly state wage, except as benefits may be increased by reason of increases in the average weekly state wage as computed in subsection (2) hereof, nor shall income benefits paid subsequent to the first fifty-two (52) weeks of total disability exceed income benefits paid during the first fifty-two (52) weeks of total disability except as the same may be increased by reason of increases in the average weekly state wage, provided, however, that where an employee’s benefit rate for the first fifty-two (52) week period was less than the minimums prescribed above, his benefit rate thereafter shall be not less than forty-five percent (45%) of the currently applicable average weekly state wage.
(2) For the purpose of this law the average weekly wage in the state shall be determined by the commission as follows: on or before June 1 of each year, the total wages reported on contribution reports to the department of employment for the preceding calendar year shall be divided by the average monthly number of insured workers determined by dividing the total insured workers reported for the preceding year by twelve (12). The average annual wage thus obtained shall be divided by fifty-two (52) and the average weekly state wage thus determined rounded to the nearest dollar. The average weekly state wage as so determined shall be applicable for the calendar year commencing January 1 following the June 1 determination.
History:
[72-409, added I.C., sec. 72-409, as added by 1971, ch. 124, sec. 3, p. 422; am. 1981, ch. 261, sec. 3, p. 554; am. 1991, ch. 207, sec. 2, p. 489; am. 1998, ch. 210, sec. 1, p. 738.]
Structure Idaho Code
Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION
Section 72-401 - DEPENDENCY — WHEN DETERMINED.
Section 72-402 - WAITING PERIOD.
Section 72-403 - PENALTY FOR MALINGERING — DENIAL OF COMPENSATION.
Section 72-404 - SETTLEMENT AGREEMENTS — LUMP SUM PAYMENTS.
Section 72-405 - TRUSTEE IN CASE OF LUMP SUM PAYMENT.
Section 72-406 - DEDUCTIONS FOR PREEXISTING INJURIES AND INFIRMITIES.
Section 72-407 - CERTAIN INJURIES DEEMED TOTAL AND PERMANENT.
Section 72-408 - INCOME BENEFITS FOR TOTAL AND PARTIAL DISABILITY.
Section 72-409 - MAXIMUM AND MINIMUM INCOME BENEFITS FOR TOTAL DISABILITY.
Section 72-411 - TIME OF DEPENDENCY.
Section 72-412 - PERIODS OF INCOME BENEFITS FOR DEATH.
Section 72-413 - INCOME BENEFITS FOR DEATH.
Section 72-413A - LUMP SUM PAYMENT UPON REMARRIAGE.
Section 72-414 - APPORTIONMENT BENEFITS BETWEEN CLASSES.
Section 72-415 - CHANGE IN DEPENDENTS.
Section 72-416 - MAXIMUM AND MINIMUM INCOME BENEFITS FOR DEATH.
Section 72-417 - MAXIMUM TOTAL PAYMENT.
Section 72-418 - COMPUTATION OF WEEKS AND DAYS.
Section 72-419 - DETERMINATION OF AVERAGE WEEKLY WAGE.
Section 72-420 - COMPENSATION TO STATE WHEN DEPENDENCY NOT CLAIMED OR PROVED.
Section 72-422 - PERMANENT IMPAIRMENT.
Section 72-423 - PERMANENT DISABILITY.
Section 72-424 - PERMANENT IMPAIRMENT EVALUATION.
Section 72-425 - PERMANENT DISABILITY EVALUATION.
Section 72-426 - THE WHOLE MAN — A PERIOD OF FIVE HUNDRED WEEKS.
Section 72-427 - PERMANENT IMPAIRMENT EVALUATION NOT EXCLUSIVE.
Section 72-428 - SCHEDULED INCOME BENEFITS FOR LOSS OR LOSSES OF USE OF BODILY MEMBERS.
Section 72-429 - UNSCHEDULED PERMANENT DISABILITIES.
Section 72-430 - PERMANENT DISABILITY — DETERMINATION OF — PERCENTAGES — SCHEDULE.
Section 72-431 - INHERITABILITY OF SCHEDULED OR UNSCHEDULED INCOME BENEFITS.
Section 72-432 - MEDICAL SERVICES, APPLIANCES AND SUPPLIES — REPORTS.
Section 72-433 - SUBMISSION OF INJURED EMPLOYEE TO MEDICAL EXAMINATION OR PHYSICAL REHABILITATION.
Section 72-434 - EFFECT OF REFUSING MEDICAL EXAMINATION — DISCONTINUANCE OF COMPENSATION.
Section 72-435 - INJURIOUS PRACTICES — SUSPENSION OR REDUCTION OF COMPENSATION.
Section 72-436 - BURIAL EXPENSES.
Section 72-437 - OCCUPATIONAL DISEASES — RIGHT TO COMPENSATION.
Section 72-438 - OCCUPATIONAL DISEASES.
Section 72-439 - ACTUALLY INCURRED/NONACUTE OCCUPATIONAL DISEASE.
Section 72-440 - TIME OF DEPENDENCY — DEATH BENEFITS.
Section 72-441 - NO COMPENSATION IN CASE OF MISREPRESENTATION.
Section 72-443 - PERIOD OF EXPOSURE IN SILICOSIS CASES.
Section 72-444 - NO COMPENSATION FOR PARTIAL DISABILITY FROM SILICOSIS.
Section 72-445 - COMPENSATION FOR TOTAL DISABILITY OR DEATH FROM COMPLICATED SILICOSIS.
Section 72-446 - NONDISABLING SILICOSIS — COMPENSATION UPON SEVERANCE FROM EMPLOYMENT.
Section 72-447 - RECURRING DERMATITIS.
Section 72-448 - NOTICE AND LIMITATIONS.