Idaho Code
Idaho Code

Idaho Code § 72-332 (2026)

Payment for second injuries from industrial special indemnity account. 

✓ current as of May 2026
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Payment for second injuries from industrial special indemnity account. 

(1) If an employee who has a permanent physical impairment from any cause or origin, incurs a subsequent disability by an injury or occupational disease arising out of and in the course of his employment, and by reason of the combined effects of both the pre-existing impairment and the subsequent injury or occupational disease or by reason of the aggravation and acceleration of the pre-existing impairment suffers total and permanent disability, the employer and surety shall be liable for payment of compensation benefits only for the disability caused by the injury or occupational disease, including scheduled and unscheduled permanent disabilities, and the injured employee shall be compensated for the remainder of his income benefits out of the industrial special indemnity account.

(2)  "Permanent physical impairment" is as defined in section 72-422, Idaho Code, provided, however, as used in this section such impairment must be a permanent condition, whether congenital or due to injury or disease, of such seriousness as to constitute a hindrance or obstacle to obtaining employment or to obtaining re-employment if the claimant should become employed. This shall be interpreted subjectively as to the particular employee involved, however, the mere fact that a claimant is employed at the time of the subsequent injury shall not create a presumption that the pre-existing permanent physical impairment was not of such seriousness as to constitute such hindrance or obstacle to obtaining employment.
Notes of Decisions
Cited in 75 cases (3 in the last 5 years), 1977–2025 · 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 190× “Idaho Code § 72-332 provides a different and more embracing definition of permanent physical impairment than does § 72-422, i.”
Mapusaga v. Red Lion Riverside Inn, 748 P.2d 1372 (Idaho 1987). · cites it 106× “First, the commission found that claimant's self-inflicted injury to her arm and the impairment rating thereon constitutes a pre-existing physical impairment for the purpose of the ISIF's threshold liability, I.”
Hartley v. Miller-Stephan, 692 P.2d 332 (Idaho 1984). · cites it 56× “Claimant had previously had knee problems, which allegedly constituted a preexisting permanent physical impairment under I.C. § 72-332, so the State of Idaho, Industrial Special Indemnity Fund, *333 was made a party to this case.”
Wernecke v. St. Maries Jt. Sch. Dist. 401, 207 P.3d 1008 (Idaho 2009). · cites it 38× “See I.C. § 72-332; Garcia v. J.R. Simplot, Co.”
Archer v. Bonners Ferry Datsun, 786 P.2d 557 (Idaho 1990). · cites it 68× “The question of what constitutes "permanent physical impairment" under I.C. § 72-332 has had a tortured legislative and judicial history.”
Royce v. Sw. Pipe of Idaho, 647 P.2d 746 (Idaho 1982). · cites it 44× “If the employer has knowledge of the preexisting condition he would not be discouraged from hiring the person knowing that under I.C. § 72-332 the "employer and surety shall be liable for payment of compensation benefits only for the disability caused by the injury or…”
Garcia v. J.R. Simplot Co., 772 P.2d 173 (Idaho 1989). · cites it 44× “ISIF filed this appeal to challenge (1) its liability under I.C. § 72-332, (2) the apportionment of the liability between Simplot and ISIF for Garcia's permanent disability, and (3) the liability of ISIF for paying benefits to Garcia during her employment by Simplot between 1982…”
Bybee v. State, Indus. Special Indem., 921 P.2d 1200 (Idaho 1996). · cites it 34× “Therefore, she must establish that the requirements of I.C. § 72-332(1) have been met. Section 72-332(1) provides: *1204 If an employee who has a permanent physical impairment from any cause or origin, incurs subsequent disability by an injury or occupational disease arising out…”
Curtis v. Shoshone Cnty. Sheriff's Off., 629 P.2d 696 (Idaho 1981). · cites it 23× “The liability of the Idaho Industrial Special Indemnity Fund is controlled by I.C. § 72-332 which states: “PAYMENT FOR SECOND INJURIES FROM INDUSTRIAL SPECIAL INDEMNITY FUND.”
Aguilar v. State, 436 P.3d 1242 (Idaho 2019). · cites it 24× “I.C. § 72-332 (1) (emphasis added). The Commission's decision only dealt with one method of proving the ISIF's liability.”
Lopez v. State, 30 P.3d 952 (Idaho 2001). · cites it 15× “She appeals from the Industrial Commission’s ruling that the Industrial Special Indemnity Fund (ISIF) was not liable for benefits under Idaho Code § 72-332 even though she had a pre-existing, permanent physical impairment from an earlier manifestation of the disease.”
Smith v. J.B. Parson Co., 908 P.2d 1244 (Idaho 1996). · cites it 23× “We conclude that the Commission properly determined that Smith’s claim against Parson was open and as of yet unresolved. Smith’s finger injury was properly treated as an unresolved claim for worker’s compensation benefits and not as a pre-existing permanent physical impairment…”
Show all 75 citing cases →
— Idaho Code § 72-332(1) — 34 cases
Bybee v. State, Indus. Special Indem., 921 P.2d 1200 (Idaho 1996). “Therefore, she must establish that the requirements of I.C. § 72-332(1) have been met. Section 72-332(1) provides: *1204 If an employee who has a permanent physical impairment from any cause or origin, incurs subsequent disability by an injury or occupational disease arising out…”
Horton v. Garrett Freightlines, Inc., 772 P.2d 119 (Idaho 1989). “Idaho Code § 72-332 provides a different and more embracing definition of permanent physical impairment than does § 72-422, i.”
Aguilar v. State, 436 P.3d 1242 (Idaho 2019). “I.C. § 72-332 (1) (emphasis added). The Commission's decision only dealt with one method of proving the ISIF's liability.”
Corgatelli v. Steel West, Inc., 335 P.3d 1150 (Idaho 2014).
Mapusaga v. Red Lion Riverside Inn, 748 P.2d 1372 (Idaho 1987). “First, the commission found that claimant's self-inflicted injury to her arm and the impairment rating thereon constitutes a pre-existing physical impairment for the purpose of the ISIF's threshold liability, I.”
— Idaho Code § 72-332(2) — 25 cases
Mapusaga v. Red Lion Riverside Inn, 748 P.2d 1372 (Idaho 1987). “First, the commission found that claimant's self-inflicted injury to her arm and the impairment rating thereon constitutes a pre-existing physical impairment for the purpose of the ISIF's threshold liability, I.”
Horton v. Garrett Freightlines, Inc., 772 P.2d 119 (Idaho 1989). “Idaho Code § 72-332 provides a different and more embracing definition of permanent physical impairment than does § 72-422, i.”
Royce v. Sw. Pipe of Idaho, 647 P.2d 746 (Idaho 1982). “If the employer has knowledge of the preexisting condition he would not be discouraged from hiring the person knowing that under I.C. § 72-332 the "employer and surety shall be liable for payment of compensation benefits only for the disability caused by the injury or…”
Archer v. Bonners Ferry Datsun, 786 P.2d 557 (Idaho 1990). “The question of what constitutes "permanent physical impairment" under I.C. § 72-332 has had a tortured legislative and judicial history.”
Garcia v. J.R. Simplot Co., 772 P.2d 173 (Idaho 1989). “ISIF filed this appeal to challenge (1) its liability under I.C. § 72-332, (2) the apportionment of the liability between Simplot and ISIF for Garcia's permanent disability, and (3) the liability of ISIF for paying benefits to Garcia during her employment by Simplot between 1982…”
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