Idaho Code > Title 72 – Worker’s Compensation and Related Laws — Industrial Commission

Current as of: 2019 | Check for updates | Other versions

		Sections
Chapter 1	Short Title — Definitions	72-101 – 72-103
Chapter 2	Scope — Coverage — Liability	72-201 – 72-230
Chapter 3	Security for Compensation	72-301 – 72-334
Chapter 4	Benefits	72-401 – 72-451
Chapter 5	Industrial Commission	72-501 – 72-528
Chapter 6	Employer’s Reports	72-601 – 72-604
Chapter 7	Procedures	72-701 – 72-737
Chapter 8	Miscellaneous Provisions	72-801 – 72-806
Chapter 9	State Insurance Fund	72-901 – 72-929
Chapter 10	Crime Victims Compensation	72-1001 – 72-1026
Chapter 11	Peace Officer and Detention Officer Temporary Disability Act	72-1101 – 72-1105
Chapter 12	Workforce Development Council	72-1201 – 72-1203
Chapter 13	Employment Security Law	72-1301 – 72-1385
Chapter 14	Firemen’s Retirement Fund	72-1401 – 72-1472
Chapter 15	Commission for Reapportionment	72-1501 – 72-1510
Chapter 16	State Directory of New Hires	72-1601 – 72-1607
Chapter 17	Idaho Employer Alcohol and Drug-Free Workplace Act	72-1701 – 72-1717

Terms Used In Idaho Code > Title 72

Abandoned: means the failure of the parent to maintain a normal parental relationship with his child including, but not limited to, reasonable support or regular personal contact. See Idaho Code 16-1602
Act: means the Idaho uniform business organizations code. See Idaho Code 30-21-102
Adaptive equipment: means any piece of equipment or any item that is used to increase, maintain or improve the parenting capabilities of a parent with a disability. See Idaho Code 16-1602
Adjudicatory hearing: means a hearing to determine:

Idaho Code 16-1602

Aggravated circumstances: includes , but is not limited to:

Idaho Code 16-1602

Annual report: means the report required by section 30-21-213, Idaho Code. See Idaho Code 30-21-102

Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.

Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.

Appraisal: A determination of property value.

Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.

Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.

Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.

Authorized agency: means the department, a local agency, a person, an organization, corporation, benevolent society or association licensed or approved by the department or the court to receive children for control, care, maintenance or placement. See Idaho Code 16-1602

Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}

Case plan hearing: means a hearing to approve, modify or reject the case plan as provided in section 16-1621, Idaho Code. See Idaho Code 16-1602

Child: means an individual who is under the age of eighteen (18) years. See Idaho Code 16-1602

Circumstances of the child: includes , but is not limited to, the joint legal custody or joint physical custody of the child. See Idaho Code 16-1602

Claimant: means any of the following claiming compensation under this chapter:

Idaho Code 72-1003

Commission: means the industrial commission. See Idaho Code 72-1003

Court: means district court or magistrate’s division thereof, or if the context requires, a magistrate or judge thereof. See Idaho Code 16-1602

Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. ^{Source: OCC}

Criminally injurious conduct: means intentional, knowing, or reckless conduct that:

Idaho Code 72-1003

Custodian: means a person, other than a parent or legal guardian, to whom legal or joint legal custody of the child has been given by court order. See Idaho Code 16-1602

Decedent: A deceased person.

Deed: The legal instrument used to transfer title in real property from one person to another.

Department: means the Idaho department of labor. See Idaho Code 72-1603

Department: means the department of health and welfare and its authorized representatives. See Idaho Code 16-1602

Dependent: means a natural person who is recognized under the law of this state to be wholly or partially dependent upon the victim for care or support and includes a child if under the age of eighteen (18) years or incapable of self-support and unmarried and includes a child of the victim conceived before the victim’s death but born after the victim’s death, including a child that is conceived as a result of the criminally injurious conduct. See Idaho Code 72-1003

Detention officer: means an employee in a county jail who is responsible for the safety, care, protection and monitoring of county jail inmates; and

(2) "Peace officer" means any employee of a police or other law enforcement agency that is a part of or administered by the state or any political subdivision thereof who has the duty to arrest and whose duties include the prevention and detection of crime and the enforcement of the penal, traffic or highway laws of this state or any political subdivision of this state and shall include, but not be limited to, appointed chiefs, elected sheriffs, and fish and game officers. See Idaho Code 72-1103

Director: means the director of the Idaho department of labor. See Idaho Code 72-1603

Disability: means , with respect to an individual, any mental or physical impairment that substantially limits one (1) or more major life activity of the individual including, but not limited to, self-care, manual tasks, walking, seeing, hearing, speaking, learning or working, or a record of such an impairment, or being regarded as having such an impairment. See Idaho Code 16-1602

Employee: means an individual who is an employee within the meaning of 26 U. See Idaho Code 72-1603

Employer: has the meaning given such term in 26 U. See Idaho Code 72-1603

Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}

Extenuating circumstances: means that a victim requires further mental health treatment due to trauma arising out of covered criminal conduct in order to perform major life functions or the activities of daily living. See Idaho Code 72-1003

extreme mental distress: means a substantial personal disorder of emotional processes, thought or cognition which impairs judgment, behavior or ability to cope with the ordinary demands of life. See Idaho Code 72-1003

Felony: A crime carrying a penalty of more than a year in prison.

Filing entity: means an entity whose formation requires the filing of a public organic record. See Idaho Code 30-21-102

Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}

Foster care: means twenty-four (24) hour substitute parental care for children placed away from their parents or guardians by persons who may or may not be related to the children and for whom the state agency has placement and care responsibility. See Idaho Code 16-1602

Foster parent: means a person or persons licensed to provide foster care. See Idaho Code 16-1602

Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor

Governor: means :

Idaho Code 30-21-102

Guardian ad litem: means a person appointed by the court pursuant to a guardian ad litem volunteer program to act as special advocate for a child under this chapter. See Idaho Code 16-1602

Guardian ad litem program: means the program to recruit, train and coordinate volunteer persons to serve as guardians ad litem for abused, neglected or abandoned children. See Idaho Code 16-1602

Industrial commission: means the commission as authorized and created under the provisions of chapter 5, title 72, Idaho Code. See Idaho Code 72-1403

Injury: means actual bodily harm or disfigurement and, with respect to a victim, includes pregnancy, venereal disease, mental or nervous shock, or extreme mental distress. See Idaho Code 72-1003

Interest: means :

Idaho Code 30-21-102

Interest holder: means :

Idaho Code 30-21-102

Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}

Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.

Jurisdiction of formation: means the jurisdiction whose law includes the organic law of an entity. See Idaho Code 30-21-102

Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}

Legal custody: means a relationship created by court order, which vests in a custodian the following rights and responsibilities:

Idaho Code 16-1602

Limited liability limited partnership: means a domestic limited liability limited partnership formed under or subject to chapter 24, title 30, Idaho Code, or a foreign limited liability limited partnership. See Idaho Code 30-21-102

Limited liability partnership: means a domestic limited liability partnership registered under or subject to chapter 23, title 30, Idaho Code, or a foreign limited liability partnership. See Idaho Code 30-21-102

Limited partnership: means a domestic limited partnership formed under or subject to chapter 24, title 30, Idaho Code, or a foreign limited partnership. See Idaho Code 30-21-102

Mental injury: means a substantial impairment in the intellectual or psychological ability of a child to function within a normal range of performance and/or behavior, for short or long terms. See Idaho Code 16-1602

Nonfiling entity: means an entity whose foundation does not require the filing of a public organic record. See Idaho Code 30-21-102

Nonregistered foreign entity: means a foreign entity that is not registered to do business in this state pursuant to a statement of registration filed by the secretary of state. See Idaho Code 30-21-102

Oath: A promise to tell the truth.

Organic law: means the law of an entity's jurisdiction of formation governing the internal affairs of the entity. See Idaho Code 30-21-102

Permanency hearing: means a hearing to review, approve, reject or modify the permanency plan of the department, and review reasonable efforts in accomplishing the permanency plan. See Idaho Code 16-1602

Permanency plan: means a plan for a continuous residence and maintenance of nurturing relationships during the child’s minority. See Idaho Code 16-1602

Person: means an individual, business corporation, nonprofit corporation, partnership, limited partnership, limited liability company, general cooperative association, limited cooperative association, unincorporated nonprofit association, statutory trust, business trust, common-law business trust, estate trust, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Idaho Code 30-21-102

Pretrial conference: A meeting of the judge and lawyers to discuss which matters should be presented to the jury, to review evidence and witnesses, to set a timetable, and to discuss the settlement of the case.

Principal office: means the principal executive office of an entity, whether or not the office is located in this state. See Idaho Code 30-21-102

Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.

Proceeding: includes a civil action, arbitration, mediation, administrative proceeding, criminal prosecution and investigatory action. See Idaho Code 30-21-102

Property: means all property, whether real, personal, or mixed or tangible or intangible, or any right or interest therein. See Idaho Code 30-21-102

Protective order: means an order issued by the court in a child protection case, prior to the adjudicatory hearing, to enable the child to remain in the home pursuant to section 16-1615(8), Idaho Code, or following an adjudicatory hearing to preserve the unity of the family and to ensure the best interests of the child, pursuant to section 16-1619(10), Idaho Code. See Idaho Code 16-1602

Protective supervision: is a legal status created by court order in a child protective case whereby the child is in the legal custody of his or her parent(s), guardian(s) or other legal custodian(s), subject to supervision by the department. See Idaho Code 16-1602

Psychotropic medication: means a drug prescribed to affect psychological functioning, perception, behavior or mood. See Idaho Code 16-1602

Public organic record: means the record, the filing of which by the secretary of state is required to form an entity, and any amendment to or restatement of that record. See Idaho Code 30-21-102

Reasonable and prudent parent standard: means the standard of care characterized by careful and sensible parental decisions that maintain the health, safety and best interests of a child while simultaneously encouraging the emotional and developmental growth of the child that a caregiver shall use when determining whether to allow a child in foster care under the responsibility of the state to participate in extracurricular, enrichment, cultural or social activities. See Idaho Code 16-1602

Recess: A temporary interruption of the legislative business.

Registered agent: means an agent of an entity that is authorized to receive service of any process, notice, or demand required or permitted by law to be served on the entity. See Idaho Code 30-21-102

Registered foreign entity: means a foreign entity that is registered to do business in this state pursuant to a statement of registration filed by the secretary of state. See Idaho Code 30-21-102

Regular interest: means interest at the rate set from time to time by the board pursuant to section 59-1302(26), Idaho Code. See Idaho Code 72-1403

Rehire: means to reemploy an individual who was laid off, separated, furloughed, granted leave without pay or terminated from employment at least sixty (60) consecutive days prior to reemployment. See Idaho Code 72-1603

Relative: means a child’s grandparent, great grandparent, aunt, great aunt, uncle, great uncle, brother-in-law, sister-in-law, first cousin, sibling and half-sibling. See Idaho Code 16-1602

Remand: When an appellate court sends a case back to a lower court for further proceedings.

seal: includes an impression of such seal upon the paper, alone, as well as upon wax or a wafer affixed thereto; or, alternatively, the seal may be the mark of a rubber stamp providing substantially the same information as the impression. See Idaho Code 73-111

Shelter care: means places designated by the department for temporary care of children pending court disposition or placement. See Idaho Code 16-1602

Sign: means with present intent to authenticate or adopt a record:

Idaho Code 30-21-102

State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Idaho Code 30-21-102

Supportive services: as used in this chapter , shall mean services that assist parents with a disability to compensate for those aspects of their disability that affect their ability to care for their child and that will enable them to discharge their parental responsibilities. See Idaho Code 16-1602

Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.

Transfer: includes :

Idaho Code 30-21-102

Type of entity: means a generic form of entity:

Idaho Code 30-21-102

Venue: The geographical location in which a case is tried.

Verdict: The decision of a petit jury or a judge.

Victim: means a person who suffers injury or death as a result of:

Idaho Code 72-1003

Writ: signifies an order or precept in writing, issued in the name of the people, or of a court or judicial officer, and the word "process" a writ or summons issued in the course of judicial proceedings. See Idaho Code 73-114