Idaho Code
Chapter 4 - BENEFITS
Section 72-428 - SCHEDULED INCOME BENEFITS FOR LOSS OR LOSSES OF USE OF BODILY MEMBERS.

72-428. SCHEDULED INCOME BENEFITS FOR LOSS OR LOSSES OF USE OF BODILY MEMBERS. An employee who suffers a permanent disability less than total and permanent shall, in addition to the income benefits payable during the period of recovery, be paid income benefits for such permanent disability in an amount equal to fifty-five percent (55%) of the average weekly state wage stated against the following scheduled permanent impairments respectively:

(1) Amputations of Upper Extremities


Forequarter amputation


Disarticulation at shoulder joint


Amputation of arm above deltoid insertion

Amputation of arm between deltoid

insertion and elbow joint


Disarticulation at elbow joint

Amputation of forearm below elbow joint

proximal to insertion of biceps tendon

Amputation of forearm below elbow joint

distal to insertion of biceps tendon


Disarticulation at wrist joint

Midcarpal or mid-metacarpal

amputation of hand

Amputation of all fingers except thumb

at metacarpophalangeal joints

Amputation of thumb
At metacarpophalangeal joint
or with resection of

carpometacarpal bone


At interphalangeal joint

Amputation of index finger
At metacarpophalangeal joint

or with resection of metacarpal bone


At proximal interphalangeal joint


At distal interphalangeal joint

Amputation of middle finger
At metacarpophalangeal joint or with

resection of metacarpal bone


At proximal interphalangeal joint


At distal interphalangeal joint

Amputation of ring finger
At metacarpophalangeal joint or with

resection of metacarpal bone


At proximal interphalangeal joint


At distal interphalangeal joint

Amputation of little finger
At metacarpophalangeal joint or with

resection of metacarpal bone


At proximal interphalangeal joint


At distal interphalangeal joint


(2) Amputations of Lower Extremities


Hemipelvectomy


Disarticulation at hip joint

Amputation above knee joint with
short thigh stump (3" or less

below tuberosity of ischium)

Amputation above knee joint

with functional stump


Disarticulation at knee joint


Gritti-Stokes amputation

Amputation below knee joint with
short stump (3" or less below

intercondylar notch)

Amputation below knee joint with

functional stump


Amputation at ankle (Syme)


Partial amputation of foot (Chopart’s)


Mid-metatarsal amputation

Amputation of all toes

At metatarsophalangeal joints

Amputation of great toe

With resection of metatarsal bone


At metatarsophalangeal joint


At interphalangeal joint

Amputation of lesser toe (2nd-5th)

With resection of metatarsal bone


At metatarsophalangeal joint


At proximal interphalangeal joint


At distal interphalangeal joint

(3) Loss of Vision and Hearing

Total loss of vision of one eye


Loss of one eye by enucleation


Total loss of binaural hearing

(4) Total loss of use. Income benefits payable for permanent disability attributable to permanent total loss of use or comparable total loss of use of a member shall not be less than as for the loss of the member.
(5) Partial loss or partial loss of use. Income benefits payable for permanent partial disability attributable to permanent partial loss or loss of use, of a member shall be not less than for a period as the permanent impairment attributable to the partial loss or loss of use of the member bears to total loss of the member.
(6) Delay in rating. Following the period of recovery, a permanently disabled employee who has been afforded vocational retraining under a rehabilitation program shall be rated for permanent impairment only until completion of the vocational retraining program at which time he shall be rated for permanent disability, deducting from any monetary award therefor amounts previously awarded for permanent impairment only.

History:
[72-428, added 1971, ch. 124, sec. 3, p. 456; am. 1974, ch. 132, sec. 3, p. 1329; am. 1978, ch. 264, sec. 11, p. 580.]

Structure Idaho Code

Idaho Code

Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION

Chapter 4 - BENEFITS

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 72-410 - DEPENDENTS.

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 72-421 - REFUND OF PAYMENT TO STATE AFTER DELAYED PROOF OF CLAIM BY MINOR OR INCOMPETENT DEPENDENT.

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.

Section 72-449 - POST MORTEM EXAMINATION.

Section 72-450 - RETRAINING.

Section 72-451 - PSYCHOLOGICAL ACCIDENTS AND INJURIES.