Idaho Code
Idaho Code § 72-313 (2026)
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Whenever any claim is presented and the claimant’s right to compensation is not in issue, but the issue of liability is raised as between an employer and a surety or between two (2) or more employers or sureties, the commission shall order payment of compensation to be made immediately by one or more of such employers or sureties. The commission may order any such employer or surety to deposit the amount of the award or to give such security thereof as may be deemed satisfactory. When the issue is finally resolved, an employer or surety held not liable shall be reimbursed for any such payments by the employer or surety held liable and any deposit or security so made shall be returned.
Notes of Decisions
Cited in 29
cases, 1949–2019 · leading case: Brooks v. Stand. Fire Ins., 793 P.2d 1238 (Idaho 1990).
Brooks v. Stand. Fire Ins., 793 P.2d 1238 (Idaho 1990). “Aetna argues that Fireman's Fund had an adequate remedy at law under I.C. § 72-313, and that it is self-evident that where a party has an adequate remedy at law, equity jurisdiction cannot be invoked to afford a remedy.”
Dallas Clark v. Shari's Mgmt. Corp, 314 P.3d 631 (Idaho 2013). “That statute has nothing to do with the awarding of attorney 2 Idaho Code § 72-313 provides: Whenever any claim is presented and the claimant’s right to compensation is not in issue, but the issue of liability is raised as between an employer and a surety or between two (2) or…”
Hix v. Potlatch Forests, Inc., 397 P.2d 237 (Idaho 1964). ““ * * H= ” The second, I.C. § 72-313, providing for specific indemnity for certain permanent injuries, in part reads: “Specific indemnities for certain injuries.”
The Est. of Kurt Aikele v. City of Blackfoot, 382 P.3d 352 (Idaho 2016). “CONCLUSION With deep sympathy for this first responder’s family, this Court affirms the Industrial Commission’s decision denying Aikele’s claim on the basis that he failed to prove that his occupation caused him to develop lung cancer.”
Cook v. Cook, 637 P.2d 799 (Idaho 1981). “2d 769 (1934), indicate that making good the loss of earning power is not the only basis for the special indemnity provisions contained in former I.C. § 72-313 (now I.C. § 72-428). In Close v.”
Hite v. Kulhenak Bldg. Contractor, 524 P.2d 531 (Idaho 1974). “I.C. § 72-313 (pre 1971 statute). This loss rating would have entitled appellant to receive a total of one hundred and thirty-five weeks of compensation under I.”
Smith v. O/P Transp., Inc., 814 P.2d 23 (Idaho 1991). “Whenever any claim is presented and the claimant's right to compensation is not in issue, but the issue of liability is raised as between an employer and a surety or between two (2) or more employers or sureties, the commission shall order payment of compensation to be made…”
Cox v. Intermountain Lumber Co., 439 P.2d 931 (Idaho 1968). “§ 72-310(a), other statutes involved as they existed at the time of claimant’s accident and injury are as follows: “I.C. § 72-313. Specific indemnities for certain injuries.”
Arnold v. Splendid Bakery, 401 P.2d 271 (Idaho 1965). “” Such rating is not in conformity with the requirement of Idaho Code § 72-313 , which provides in part as follows: “(b) Computation of Specific Indemnity for Nonscheduled Injuries.”
Bradford v. Roche Moving & Storage, Inc., 215 P.3d 453 (Idaho 2009). “Is any Party Entitled to an Award of Attorney Fees on Appeal? Claimant requests an award of attorney fees pursuant to Idaho Code § 72-313 . That statute has nothing to do with the awarding of attorney fees.”
Griffin v. Potlatch Forests, Inc., 457 P.2d 413 (Idaho 1969). “§ 72-310(a), states in part: "Where the injury causes total disability for work, the employer during such disability shall pay the injured employee weekly compensation in accordance with the following schedule * * *.”
Horton v. Garrett Freightlines, Inc., 772 P.2d 119 (Idaho 1989). “Repealed former I.C. § 72-313 provided "specific indemnities for certain injuries which were less than total.”
— Idaho Code § 72-313(a) — 1 case
Boxleitner v. St. Maries Plywood Co., 433 P.2d 122 (Idaho 1967).
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