Idaho Code
Idaho Code

Idaho Code § 72-407 (2026)

Certain injuries deemed total and permanent. 

✓ current as of May 2026
Find cases: SyfertCases citing this section IClegislature.idaho.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

Certain injuries deemed total and permanent. 

In case of the following injuries, if the employer disputes that the claimant is totally and permanently disabled, the burden of proof shall be on the employer to prove by clear and convincing evidence that the claimant is not permanently and totally disabled.

(1)  The total and permanent loss of sight in both eyes.
(2)  The loss of both feet at or above the ankle.
(3)  The loss of both hands at or above the wrist.
(4)  The loss of one (1) hand and one (1) foot.
(5)  An injury to the spine resulting in permanent and complete paralysis of both legs or arms or of one (1) leg and one (1) arm.
(6)  An injury to the skull resulting in incurable imbecility or insanity.
The above enumeration is not to be taken as exclusive.
Notes of Decisions
Cited in 21 cases, 1953–1990 · leading case: Steinebach v. Hoff Lumber Co., 566 P.2d 377 (Idaho 1977).
Sort: Relevance Newest Treatment
Steinebach v. Hoff Lumber Co., 566 P.2d 377 (Idaho 1977). · cites it 22× “Rather the essence of their argument is that then I.C. § 72-407 bars the relief sought and awarded to claimants.”
Cummings v. Jr Simplot Co., 511 P.2d 282 (Idaho 1973). · cites it 20× “The Commission held that appellant’s failure to file an application or petition within four years from the date of the accident barred relief under I.C. § 72-407. The Commission further concluded that claimant was barred from claiming medical expenses due to failure to obtain…”
Brooks v. Duncan, 532 P.2d 921 (Idaho 1975). · cites it 12× “” 1 The Commission concluded that the claim was doubly barred by the statute of limitations because: (1) following an award once paid and discontinued, Brooks failed to make and file his claim for further compensation and award within four years of the date of the accident, as…”
Facer v. ER Steed Equip. Co., 514 P.2d 841 (Idaho 1973). · cites it 8× “The final issue presented by appellants is whether the claim for compensation is barred by the one year statute of limitation in I.C. § 72-407 6 which provides in part: “Where a claim for compensation has been made, and no compensation has been paid thereon, such claimant shall…”
Reynolds v. Browning Ferris Indus., 751 P.2d 113 (Idaho 1988). · cites it 4× “§§ 72-706 and 72-719] inapplicable to the circumstances of this case, but that they do not set any public policy limiting the amount of time within which the Industrial Commission can retain jurisdiction after making a temporary allowance in order to make a final permanent award…”
Horton v. Garrett Freightlines, Inc., 684 P.2d 297 (Idaho 1984). · cites it 4× “2d 377, 381 (1977), we held that the then statute (I.C. § 72-407, now I.C. § 72-706), "contemplates a bar to claims for compensation except those based on necessary medical payments claims which are made within a reasonable time of the injury," nevertheless, construing…”
Bainbridge v. Boise Cascade Plywood Mill, 721 P.2d 179 (Idaho 1986). · cites it 4× “When payments of compensation have been made and thereafter discontinued, the claimant shall have five (5) years from the date of the accident causing the injury or date of first manifestation of an occupational disease, or, if compensation is discontinued more than five (5)…”
Hawley v. Green, 788 P.2d 1321 (Idaho 1990). · cites it 2× “2d 282 (1973) (strict application of statute of limitations in I.C. § 72-407 not a violation of art. 1, § 18); Twin Falls Clinic & Hospital Building Corp.”
Adams v. Armstrong World Indus., Inc., 664 F. Supp. 463 (D. Idaho 1987). · cites it 5× “The question here is whether the state is constitutionally required to provide a cause of action in its workmen’s compensation statute for long-delayed disabilities and losses arising more than four years from the accident.”
Rhodes v. Sunshine Mining Co., 742 P.2d 417 (Idaho 1987). · cites it 2× “There appears no question but that pursuant to I.C. §§ 72-407, -408, -409 and -432. Rhodes is entitled to the medical benefits and permanent total disability benefits for his lifetime.”
Crawford v. Nielson, 307 P.2d 229 (Idaho 1957). · cites it 4× “By their answer, defendants raised two legal issues for determination as follows: (a), whether or not claimant is in fact totally and permanently disabled so as to qualify for compensation from the Industrial Special Indemnity Fund, and (b), whether or not claimant’s right to…”
Walters v. Blincoe's Magic Valley Packing Co., 787 P.2d 225 (Idaho 1990). · cites it 4× “§ 72-706 in an amended form) "contemplates a bar to claims for compensation except those based on necessary medical payments claims which are made within a reasonable time of the injury." 98 Idaho at 432, 566 P.”
Show all 21 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.