T72CH1

Title 72 > T72CH1

Sections (3)

72-101

TITLE 72 WORKER’S COMPENSATION AND RELATED LAWS — INDUSTRIAL COMMISSION CHAPTER 1 SHORT TITLE — DEFINITIONS 72-101. Short title. (1) This law may be cited as the worker’s compensation law. (2) Wherever in title 72 , Idaho Code, references appear to the term workmen’s compensation this shall be deemed to mean worker’s compensation. History: [72-101, added I.C., sec. 72-101, as added by 1971, ch. 124, sec. 3, p. 422; am. 1989, ch. 191, sec. 1, p. 473.]

72-102

TITLE 72 WORKER’S COMPENSATION AND RELATED LAWS — INDUSTRIAL COMMISSION CHAPTER 1 SHORT TITLE — DEFINITIONS 72-102. Definitions. Words and terms used in the worker’s compensation law, unless the context otherwise requires, are defined in the subsections which follow: (1) Alien means a person who is not a citizen, a national or a resident of the United States or Canada. Any person not a citizen or national of the United States who relinquishes or is about to relinquish his residence in the United States shall be regarded as an alien. (2) Balance billing means charging, billing, or otherwise attempting to collect directly from an injured employee payment for medical services in excess of amounts allowable in compensable claims as provided by rules promulgated by the commission pursuant to section 72-508 , Idaho Code. (3) Beneficiary means any person who is entitled to income benefits or medical and related benefits under this law. (4) Commission means the industrial commission. (5) Community service worker means: (a) Any person who has been convicted of a criminal offense, any juvenile who has been found to be within the purview of chapter 5, title 20 , Idaho Code, and who has been informally diverted under the provisions of section 20-511 , Idaho Code, or any person or youth who has been diverted from the criminal or juvenile justice system and who performs a public service for any department, institution, office, college, university, authority, division, board, bureau, commission, council, or other entity of the state, or any city, county, school district, irrigation district or other taxing district authorized to levy a tax or an assessment or any other political subdivision or any private not-for-profit agency which has elected worker’s compensation insurance coverage for such person; or (b) Parolees under department of correction supervision, probationers under court order or department of correction supervision and offender residents of community work centers under the direction or order of the board of correction who are performing public service or community service work for any of the entities specified in paragraph (a) of this subsection other than the department of correction. (6) Compensation used collectively means any or all of the income benefits and the medical and related benefits and medical services. (7) Custom farmer means a person who contracts to supply operated equipment to a proprietor of a farm for the purpose of performing part or all of the activities related to raising or harvesting agricultural or horticultural commodities. (8) Death means death resulting from an injury or occupational disease. (9) Dependency limitations. (a) Adopted and adoption include cases where persons are treated as adopted as well as those of legal adoption unless legal adoption is specifically provided. (b) Brother and sister include stepbrothers and stepsisters, half brothers and half sisters, and brothers and sisters by adoption. (c) Child inc

72-103

TITLE 72 WORKER’S COMPENSATION AND RELATED LAWS — INDUSTRIAL COMMISSION CHAPTER 1 SHORT TITLE — DEFINITIONS 72-103. Temporary and professional employers. (1) So long as the temporary or professional employer, or work site employer, has worker’s compensation insurance covering an injured worker, or is a qualified self-insurer covering an injured worker under this title: (a) The work site employer shall have all of the protections and immunities granted any other employer by this title and shall not be regarded as a third party under section 72-223 , Idaho Code. (b) The temporary or professional employer shall have all of the protections and immunities granted any other employer by this title and shall not be regarded as a third party under section 72-223 , Idaho Code, if it exercised the right of control sufficient to be an employer as defined in section 72-102 , Idaho Code, and insures its worker’s compensation liability accordingly. (2) Whenever the parties to a temporary or professional employer arrangement contemplated by subsection (1) of this section comply with that subsection, no penalties under the worker’s compensation law for being uninsured shall apply to the temporary or professional employer, or the work site employer, and no violation of any provision of title 41 , Idaho Code, shall occur. (3) Whenever there is a temporary or professional employer arrangement as contemplated by subsection (1) of this section, the parties to such arrangement shall have the option to determine for themselves, in writing, whether the temporary or professional employer or the work site employer will be the party to secure liability as required by section 72-301 , Idaho Code, and the party so obligated to secure such liability may do so in any manner permitted by this title. In the event that the parties to such an arrangement do not exercise the option provided in this subsection, the obligation to secure such liability shall be with the temporary or professional employer. History: [72-103, added 1997, ch. 130, sec. 2, p. 397.]