72-706. LIMITATION ON TIME ON APPLICATION FOR HEARING. (1) When no compensation paid. When a claim for compensation has been made and no compensation has been paid thereon, the claimant, unless misled to his prejudice by the employer or surety, shall have one (1) year from the date of making claim within which to make and file with the commission an application requesting a hearing and an award under such claim.
(2) When compensation discontinued. When payments of compensation have been made and thereafter discontinued, the claimant shall have five (5) years from the date of the accident causing the injury or date of first manifestation of an occupational disease within which to make and file with the commission an application requesting a hearing for further compensation and award.
(3) When income benefits discontinued. If income benefits have been paid and discontinued more than four (4) years from the date of the accident causing the injury or the date of first manifestation of an occupational disease, the claimant shall have one (1) year from the date of the last payment of income benefits within which to make and file with the commission an application requesting a hearing for additional income benefits.
(4) Medical benefits. The payment of medical benefits beyond five (5) years from the date of the accident causing the injury or the date of first manifestation of an occupational disease shall not extend the time for filing a claim or an application requesting a hearing for additional income benefits as provided in this section.
(5) Right to medical benefits not affected. Except under circumstances provided in subsection (1) of this section, the claimant’s right to medical benefits under the provisions of section 72-432(1), Idaho Code, shall not be otherwise barred by this section.
(6) Relief barred. In the event an application is not made and filed as in this section provided, relief on any such claim shall be forever barred.
History:
[72-706, as added by 1971, ch. 124, sec. 3, p. 422; am. 1978, ch. 264, sec. 21, p. 589; am. 1989, ch. 244, sec. 1, p. 592; am. 1991, ch. 206, sec. 1, p. 487; am. 2005, ch. 161, sec. 2, p. 496.]
Structure Idaho Code
Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION
Section 72-701 - NOTICE OF INJURY AND CLAIM FOR COMPENSATION FOR INJURY — LIMITATIONS.
Section 72-702 - FORM OF NOTICE AND CLAIM.
Section 72-703 - GIVING OF NOTICE AND MAKING OF CLAIM.
Section 72-704 - SUFFICIENCY OF NOTICE — KNOWLEDGE OF EMPLOYER.
Section 72-705 - LIMITATION OF TIME — MINORS AND INCOMPETENTS.
Section 72-706 - LIMITATION ON TIME ON APPLICATION FOR HEARING.
Section 72-707 - COMMISSION HAS JURISDICTION OF DISPUTES.
Section 72-708 - PROCESS AND PROCEDURE.
Section 72-709 - ATTENDANCE OF WITNESSES — PRODUCTION OF DOCUMENTS — DEPOSITION — WITNESS FEES.
Section 72-710 - TRANSCRIPTS OF PROCEEDINGS.
Section 72-711 - COMPENSATION AGREEMENTS.
Section 72-713 - NOTICE OF HEARINGS — SERVICE.
Section 72-714 - HEARINGS, WHERE AND HOW CONDUCTED.
Section 72-715 - DISOBEDIENCE TO COMMISSION’S DIRECTIVE PROCESS.
Section 72-716 - RECORD OF PROCEEDINGS — SERVICE OF ORDER OR AWARD.
Section 72-717 - EFFECT OF DECISION BY ONE MEMBER OR ASSIGNED OFFICER — CLAIM FOR REVIEW.
Section 72-718 - FINALITY OF COMMISSION’S DECISION.
Section 72-719 - MODIFICATION OF AWARDS AND AGREEMENTS — GROUNDS — TIME WITHIN WHICH MADE.
Section 72-724 - APPEAL TO SUPREME COURT.
Section 72-725 - RECORD ON APPEAL.
Section 72-731 - STAY ON APPEAL.
Section 72-732 - DISPOSITION OF APPEAL — JURISDICTION OF SUPREME COURT.
Section 72-733 - LIMITED JURISDICTION OF COURTS.
Section 72-734 - INTEREST ON COMPENSATION AWARDS.
Section 72-735 - ENFORCEMENT OF AWARD — FILING IN DISTRICT COURT — DUTY OF COURT TO ENTER JUDGMENT.
Section 72-736 - DISTRICT COURT JUDGMENT NONAPPEALABLE — A LIEN UPON EXECUTION.
Section 72-737 - REVISION OF DISTRICT COURT’S JUDGMENT UPON MODIFICATION OF AWARD BY COMMISSION.