72-419. DETERMINATION OF AVERAGE WEEKLY WAGE. Except as otherwise provided in this law, the average weekly wage of the employee at the time of the accident causing the injury or of manifestation of the occupational disease shall be taken as the basis upon which to compute compensation and shall be determined as follows:
(1) If at such time the wages are fixed by the week, the amount so fixed shall be the average weekly wage.
(2) If at such time the wages are fixed by the month, the average weekly wage shall be the monthly wage so fixed multiplied by twelve (12) and divided by fifty-two (52).
(3) If at such time the wages are fixed by the year, the average weekly wage shall be the yearly wage so fixed divided by fifty-two (52).
(4) (a) If at such time the wages are fixed by the day, hour or by the output of the employee, the average weekly wage shall be the wage most favorable to the employee computed by dividing by thirteen (13) his wages (not including overtime or premium pay) earned in the employ of the employer in the first, second, third or fourth period of thirteen (13) consecutive calendar weeks in the fifty-two (52) weeks immediately preceding the time of accident or manifestation of the disease.
(b) If the employee has been in the employ of the employer less than twelve (12) calendar weeks immediately preceding the accident or manifestation of the disease, his average weekly wage shall be computed under the foregoing paragraph, taking the wages (not including overtime or premium pay) for such purpose to be the amount he would have earned had he been so employed by the employer the full thirteen (13) calendar weeks immediately preceding such time and had worked, when work was available to other employees in a similar occupation.
(5) If at such time the hourly wage has not been fixed or cannot be ascertained, the wage for the purpose of calculating compensation shall be taken to be the usual wage for similar services where such services are rendered by paid employees.
(6) In seasonal occupations that do not customarily operate throughout the entire year, the average weekly wage shall be taken to be one-fiftieth (1/50) of the total wages which the employee has earned from all occupations during the twelve (12) calendar months immediately preceding the time of the accident or manifestation of the disease.
(7) In the case of a volunteer emergency responder, the income benefits in the first fifty-two (52) weeks shall be based on the average weekly wage in his regular employment or sixty-seven percent (67%) of the current average weekly state wage, as determined pursuant to section 72-409(2), Idaho Code, whichever is greater.
(8) If the employee was a minor, apprentice or trainee at the time of the accident or manifestation of the disease, and it is established that under normal conditions his wages should be expected to increase during the period of disability that fact may be considered in computing his average weekly wage.
(9) When the employee is working under concurrent contracts with two (2) or more employers and the defendant employer has knowledge of such employment prior to the injury, the employee’s wages from all such employers shall be considered as if earned from the employer liable for compensation.
(10) When circumstances are such that the actual rate of pay cannot be readily ascertained, the wage shall be deemed to be the contractual, customary or usual wage in the particular employment, industry or community for the same or similar service.
(11) In the case of public employees covered under section 72-205(6), Idaho Code, the income benefits shall be based on the greater of the average weekly wage of the employee’s civilian employment and pay computed for one (1) weekend drill in a month, or full-time active duty pay fixed by the month as provided in section 46-605, Idaho Code.
History:
[72-419, as added by 1971, ch. 124, sec. 3, p. 422; am. 1981, ch. 261, sec. 6, p. 555; am. 1997, ch. 274, sec. 7, p. 806; am. 1999, ch. 118, sec. 3, p. 353; am. 2008, ch. 369, sec. 3, p. 1014.]
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.