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Overview of Workers' Compensation Index

  • What gives rise to an Employee's entitlement to make a claim for Workers' Compensation Benefits under the Idaho Workers' Compensation Law?

  • What is an Accident?

  • What is an Injury?

  • What is "AOE"?

  • What is "COE"?

  • How does "Causation" play in to the concepts of "Accident" and "Injury"?

  • What is an Occupational Disease?

  • How is the requirement that an Occupational Disease result from hazards, "Characteristic of and Peculiar to the Workers Occupation" applied?

  • Is there a Causation Issue for Occupational Disease?

  • What is the Impact of a Pre-Existing Condition on an Occupational Disease Claim?

  • Does the Idaho Law require a period of Exposure prior to determining a Disease to be Occupational in nature?

  • Who is entitled to make a claim under the Idaho Workers' Compensation Act?

  • What is an Employer?

  • Are Independent Contractors of an Employer Entitled to Workers' Compensation Benefits?

  • What Benefit, if any, does the Employer get out of the Idaho Workers' Compensation Act?

  • How long does an Employee have to initiate a claim for Workers' Compensation Benefits after the occurrence of an accident or a manifestation of an Occupational Disease?

  • If benefits have been paid to or on behalf of the Employee and are then terminated, how long does the Employee have to file a complaint with the Commission seeking to obtain additional benefits?

  • What is the Statute of Limitations for an Employee making a Claim for Medical Benefits?

  • Assuming a Claim is compensable, what type of benefits is an employee entitled to?

  • What type of medical benefits is an employee entitled to under the Idaho Workers' Compensation Act?

  • Under the Idaho Workers' Compensation Law, can the Employer designate a company doctor or a plant physician?

  • When is an employee entitled to receive Temporary Total Disability (TTD's) Benefits and how much do they get?

  • How is the benefit rate calculated for employees who are able to work on a part-time basis following their injury?

  • What is Permanent Partial Impairment (PPI)?

  • If Permanent Impairment Benefits are designed to address the Employee's anatomical loss following an injury, how does the Workers' Compensation Act address the Employee's decreased ability to function in the workplace?

  • What happens when the Employee has Pre-Existing Physical Impairment that contributes to their impairment or disability?

  • What about Workers who are so injured that they are no longer capable of gainful employment?

  • What happens if an injured worker's total and permanent disability is a product of one or more pre-existing conditions and the effect of their industrial injury/disease?

  • How is the Apportionment done where Total Permanent Disability and Liability on the part of the Industrial Special Indemnity Fund is established?

  • How can the Employer facilitate an Injured Employee's return to work?

  • Does the Idaho Workers' Compensation Act require an Employer to return an Injured Worker to work?

  • How is the Litigation process initiated under the Idaho Workers' Compensation Act?

  • Is there an extensive Motion Practice in proceedings before the Industrial Commission?

  • What type of alternative dispute resolution opportunities are available in the Workers' Compensation arena?

  • If a dispute (not relating to medical fees) arising under the Workers' Compensation act is not resolved, what is involved in the hearing process?

  • What forms of discovery are available in proceedings pending before the Industrial Commission?

  • After the Commission has rendered a decision, if one of the parties is unsatisfied with the result, what review procedures are available under the Idaho Workers' Compensation Act?

  • How does the Americans with Disabilities Act (ADA) impact an Injured Employee's return to work?

  • How does the Family and Medical Leave Act (FMLA) impact the Idaho Workers' Compensation Law?

 

Page updated 8/24/2006