Idaho Bills

Amends existing law to define a public employer and a public corporation with respect to certain requirements regarding security for compensation.

This bill includes amendments to Section 72-301 and Section 72-928 of the Idaho Code, relating to worker's compensation in the state of Idaho. This allows single-purpose district organized or that may be organized as a local public body in accordance with the laws of the state of Idaho for the purpose of constructing or furnishing any municipal service the ability to go to an open market for workers compensation it also providing a 5 year sunset for review.

Amends existing law to revise provisions regarding service of notice of hearings.

A Notice of Hearing is required to be sent by certified mail under Idaho Code 72-713, making it the only pleadings statutorily required to be served by the Industrial Commission in this manner. This legislation retains the requirement that the Commission give at least ten days written notice of hearing to the parties but eliminates the requirement that such notice must be served on the parties by certified mail. The amendment would allow for service of a Notice of Hearing to be made by regular mail, fax, or by email for represented parties. Self-represented claimants, also known as pro se claimants, will still receive notices by certified mail unless they choose to opt into electronic delivery.

Amends existing law to provide that members of limited liability companies may be liable for a failure to secure compensation.

This amendment seeks to clarify which individuals within a business entity have liability for the failure to obtain workers' compensation insurance. Specifically enumerating "members" of a limited liability company will align with legislative intent to hold business owners and those responsible for obtaining Idaho workers' compensation insurance liable.

Amends existing law to move the definition of “member of an employer's family.”

This amendment would move the definition of "member of an employer's family" from a subsection of Idaho Code 72-212 relating to exemption from coverage into the definition section of Idaho Code 72-102, which applies to all worker's compensation sections of Title 72, Idaho Code. Transferring the definition ensures consistency in how this definition is referenced and applied.

Amends existing law to increase maximum allowable burial expenses and to revise provisions regarding transportation expenses.

On average, Idaho has 27 work-related fatalities per year. The purpose of this proposed legislation is to amend Idaho Code 72-436 to increase the maximum allowable burial expenses for workers who suffer fatal work-related injuries from the current cap of $6,000 to $10,000. This adjustment reflects the inflationary costs associated with burial and related services, ensuring that families are adequately supported during their time of loss. The costs related to this benefit have not been increased since 1993. Additionally, this amendment seeks to provide clear language that includes the transportation of the deceased worker's body as part of the covered burial expenses. The proposed changes also remove geographic limitations on the transportation of the body, allowing for the deceased worker to be transported to their final resting place. This clarification is to ensure all necessary costs associated with the burial process, including returning the deceased worker to their final resting place, are comprehensively covered under the statute.