Idaho Code
Idaho Code

Idaho Code § 72-323 (2026)

Creation of industrial special indemnity fund. 

✓ current as of May 2026
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Creation of industrial special indemnity fund. 

A fund is hereby created to be known as the industrial special indemnity fund, which shall consist of payments made to it as in sections 72-327 and 72-420, and as may hereafter be provided.

Notes of Decisions
Cited in 19 cases, 1953–1989 · leading case: Horton v. Garrett Freightlines, Inc., 772 P.2d 119 (Idaho 1989).
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Horton v. Garrett Freightlines, Inc., 772 P.2d 119 (Idaho 1989). · cites it 38× “155 (I.C. § 72-323) held there could be no apportionment of compensation as between industrial accident and pre-existing condition or disability.”
Bowman v. Twin Falls Const. Co., Inc., 581 P.2d 770 (Idaho 1978). · cites it 8× “Gardner case is that, "By I.C. § 72-323 the board is authorized and required to apportion the degree and duration of disability between the injury resulting from the accident and that resulting from any preexisting injury or infirmity.”
Wilson v. Gardner Associated, Inc., 426 P.2d 567 (Idaho 1967). · cites it 17× “155, the forerunner of I.C. § 72-323, which as then enacted, provided: “Except as provided in Section 43-1111 Idaho Code Annotated.”
Scott v. Aslett Constr. Co., 452 P.2d 61 (Idaho 1968). · cites it 12× “Claimant also contends that there is an absence of substantial and competent evidence to support the board's finding (June 8, 1967), that his disability, although equivalent to the loss of a leg at the hip, should be apportioned in the amount of 40% as attributable to conditions…”
Clark v. Brennan Constr. Co., 372 P.2d 761 (Idaho 1962). · cites it 6× “They contend that the Board erred in ruling: First, that liability for total temporary disability compensation and expenses of medical-surgical treatment following claimant’s injury of April 8, 1960, are subject to apportionment under I.C. § 72-323, and in apportioning liability…”
Arnold v. Splendid Bakery, 401 P.2d 271 (Idaho 1965). · cites it 3× “Appellant also asserts that the Board erred in failing to apportion, as a part of the disability, respondent’s psychosomatic symptoms in accordance with I.C. § 72-323, which provides: “Except as provided in section 72-311; Idaho Code.”
Griffin v. Potlatch Forests, Inc., 457 P.2d 413 (Idaho 1969). · cites it 4× “2d 480 (1967); see, I.C. § 72-323. This the Board failed to do.”
Anderson v. Potlatch Forests, Inc., 291 P.2d 859 (Idaho 1955). · cites it 5× “§ 72-315 has special application to total and permanent injuries brought about by the circumstances set out in said section of the statute.”
Bruce v. Clear Springs Trout Farm, 707 P.2d 422 (Idaho 1985). · cites it 4× “This may require apportionment between an industrial injury and a pre-existing injury or infirmity, as well as between successive industrial injuries and such includes apportionment of hospital, medical and kindred expenses.”
Dawson v. Hartwick, 428 P.2d 480 (Idaho 1967). · cites it 2× “Apportionment of -compensation for future hospitalization, medical treatment and disability must await future developments, and remain open for future consideration and determination by the Board. The Board is authorized to find causes of disability if attributable to more than…”
Hammond v. Kootenai Cnty., 419 P.2d 209 (Idaho 1966). · cites it 2× “I.C. § 72-323, as amended Session Laws 1963, ch.”
Sanders v. B. E. Walker Constr. Co., 169 So. 2d 803 (Miss. 1964). · cites it 2× “" Idaho Code Ann. § 72-323 (Supp. 1963): ".”
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