Idaho Code
Idaho Code § 72-406 (2026)
Deductions for preexisting injuries and infirmities.
✓ current as of May 2026
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Deductions for preexisting injuries and infirmities.
(1) In cases of permanent disability less than total, if the degree or duration of disability resulting from an industrial injury or occupational disease is increased or prolonged because of a preexisting physical impairment, the employer shall be liable only for the additional disability from the industrial injury or occupational disease.
(2) Any income benefits previously paid an injured workman for permanent disability to any member or part of his body shall be deducted from the amount of income benefits provided for the permanent disability to the same member or part of his body caused by a change in his physical condition or by a subsequent injury or occupational disease.
Notes of Decisions
Cited in 22
cases, 1954–2014 · leading case: Horton v. Garrett Freightlines, Inc., 772 P.2d 119 (Idaho 1989).
Horton v. Garrett Freightlines, Inc., 772 P.2d 119 (Idaho 1989). “Idaho Code § 72-406 . This Court has on numerous occasions interpreted Idaho Code § 72-406 and its predecessor statutes since 1941, as requiring the Commission to apportion the disability among its contributing causative factors.”
Bowman v. Twin Falls Const. Co., Inc., 581 P.2d 770 (Idaho 1978). “The employer and surety urge that the conclusion followed from the reluctance of the doctors to place a numerical value on the various causes contributing to Bowman's disease, leaving the Commission with no competent medical evidence on which to base an apportionment.”
Henderson v. McCain Foods, Inc., 130 P.3d 1097 (Idaho 2006). “This is an appeal from an order of the Industrial Commission finding that the claim *562 ant failed to prove that her neck surgery was caused by her industrial accident, determining that she had a 30% disability rating, and apportioning her disability under Idaho Code § 72-406…”
Eacret v. Clearwater Forest Indus., 40 P.3d 91 (Idaho 2002). “The employer Clearwater Forest Industries and its surety Liberty Northwest Insurance Corporation (herein both called “Clear-water”) appeal the Industrial Commission’s decision not to apportion, under Idaho Code § 72-406 (1), the permanent disability of the claimant William E.”
Baldner v. Bennett's, Inc., 649 P.2d 1214 (Idaho 1982). “Defendants-appellants Bennett's, and its surety, the State Insurance Fund, first assert that the Commission erred by failing to apportion Baldner's disability between his pre-existing physical impairment and his 1977 injury in accordance with I.C. § 72-406. The record is clear…”
Reiher v. Am. Fine Foods, 878 P.2d 757 (Idaho 1994). “Idaho Code § 72-406 governs the apportionment of permanent disability in cases involving a preexisting impairment, absolving the employer from responsibility for any disability attributable to the preexisting injury.”
Roberts v. Asgrow Seed Co., 775 P.2d 101 (Idaho 1989). “§§ 72-425 and 72-430, claimant's physical appearance and history of excessive alcohol consumption should be considered "preexisting physical impairments" subject to apportionment under I.”
Corgatelli v. Steel West, Inc., 335 P.3d 1150 (Idaho 2014). “” I.C. § 72-406(2). Although partial permanent disability benefits are calculated in relation to permanent physical impairment benefits, Idaho Code sections 72-427 to -429, partial permanent disability benefits and permanent physical impairment benefits are two separate forms of…”
Weygint v. J.R. Simplot Co., 846 P.2d 202 (Idaho 1993). “Was it error for the Commission, under I.C. § 72-406, to apportion disability attributable to non-medical factors to the preexisting impairment? 5.”
Vawter v. United Parcel Serv., Inc., 318 P.3d 893 (Idaho 2014). “In front of the Commission, “in pursuit of Idaho Code § 72-406 or § 72-322 apportionment,” UPS “has argued that the opinion of Dr.”
Seufert v. Larson, 51 P.3d 403 (Idaho 2002). “Idaho Code § 72-406 (1) provides that "in cases of permanent disability less than total, if the degree or duration of disability resulting from an industrial injury or occupational disease is increased or prolonged because of a preexisting physical impairment, the employer shall…”
Page v. McCain Foods, Inc., 179 P.3d 265 (Idaho 2008). “I.C. § 72-406(1). There is a presumption the Commission by its experience is able to judge the causative factors in a particular case, and the Commission is “allowed a degree of latitude in mak *309 ing an apportionment.”
— Idaho Code § 72-406(1) — 6 cases
Horton v. Garrett Freightlines, Inc., 772 P.2d 119 (Idaho 1989). “Idaho Code § 72-406 . This Court has on numerous occasions interpreted Idaho Code § 72-406 and its predecessor statutes since 1941, as requiring the Commission to apportion the disability among its contributing causative factors.”
Page v. McCain Foods, Inc., 179 P.3d 265 (Idaho 2008). “I.C. § 72-406(1). There is a presumption the Commission by its experience is able to judge the causative factors in a particular case, and the Commission is “allowed a degree of latitude in mak *309 ing an apportionment.”
Campbell v. Key Millwork & Cabinet Co., 778 P.2d 731 (Idaho 1989).
Sund v. Gambrel, 896 P.2d 329 (Idaho 1995).
Davidson v. Riverland Excavating, Inc., 209 P.3d 636 (Idaho 2009).
— Idaho Code § 72-406(2) — 2 cases
Corgatelli v. Steel West, Inc., 335 P.3d 1150 (Idaho 2014). “” I.C. § 72-406(2). Although partial permanent disability benefits are calculated in relation to permanent physical impairment benefits, Idaho Code sections 72-427 to -429, partial permanent disability benefits and permanent physical impairment benefits are two separate forms of…”
Corgatelli v. Steel West, Inc. (Idaho 2014).
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