Idaho Code
Idaho Code

Idaho Code § 72-408 (2026)

Income benefits for total and partial disability. 

✓ current as of May 2026
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Income benefits for total and partial disability. 

Income benefits for total and partial disability during the period of recovery, and thereafter in cases of total and permanent disability, shall be paid to the disabled employee subject to deduction on account of waiting period and subject to the maximum and minimum limits set forth in section 72-409, Idaho Code, as follows:

(1)  For a period not to exceed a period of fifty-two (52) weeks, an amount equal to sixty-seven per cent (67%) of his average weekly wage and thereafter an amount equal to sixty-seven per cent (67%) of the currently applicable average weekly state wage.
(2)  Partial disability. For partial disability during the period of recovery an amount equal to sixty-seven per cent (67%) of his decrease in wage-earning capacity, but in no event to exceed the income benefits payable for total disability.
Notes of Decisions
Cited in 27 cases, 1979–2019 · leading case: Carey v. Clearwater Cnty. Road Dep't, 686 P.2d 54 (Idaho 1984).
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Carey v. Clearwater Cnty. Road Dep't, 686 P.2d 54 (Idaho 1984). · cites it 15× “I.C. § 72-408 sets forth the income benefits collectible by an injured employee during recovery, and subsections (1) and (2) thereof Speak of total disability benefits during the recovery period, measured in terms of the “currently applicable average weekly state wage.”
Garcia v. J.R. Simplot Co., 772 P.2d 173 (Idaho 1989). · cites it 20× “The Commission held ISIF liable for the difference between the amount of disability benefits for which Simplot was liable and those provided for in I.C. § 72-408, as well as the entire amount of Garcia's disability benefits following the 431 weeks of permanent disability…”
Ochoa v. State, 794 P.2d 1127 (Idaho 1990). · cites it 51× “Idaho Code § 72-408 defines the benefits to which a disabled worker is entitled.”
Phinney v. Shoshone Med. Ctr., 960 P.2d 1258 (Idaho 1998). · cites it 30× “Pursuant to I.C. §§ 72-408 and 72-409, the Industrial Commission’s determination of Phinney’s disability benefits requires knowledge of her average weekly wage.”
Paulson v. Idaho Forest Indus., Inc., 591 P.2d 143 (Idaho 1979). · cites it 8× “" [3] I.C. § 72-408 provides: "72-408. Income benefits for total and partial disability.”
Corgatelli v. Steel West, Inc., 335 P.3d 1150 (Idaho 2014). · cites it 12× “” I.C. § 72-408. Other than a deduction for the “waiting period” provided in Idaho Code section 72-408, Idaho Code section 72-406(2) provides another deduction: Any income benefits previously paid an injured workman for permanent disability -to any member or part of his body…”
Nielson v. State, Indus. Special Indem. Fund, 684 P.2d 280 (Idaho 1984). · cites it 13× “ISIF contends that under I.C. § 72-408, claimant is entitled only to 60% of the currently applicable average weekly state wage.”
Lopez v. Amalgamated Sugar Co., 691 P.2d 1205 (Idaho 1984). · cites it 4× “The Commission refused to award partial temporary income benefits under I.C. § 72-408(3) because claimant had been discharged for failure to keep his employer *1206 informed of the reason for his absence.”
Page v. McCain Foods, Inc., 179 P.3d 265 (Idaho 2008). · cites it 2× “” I.C. § 72-408. The statute does not define “period of recovery,” but this Court has said the period of recovery ends when the worker is medically stable.”
Harrison v. Osco Drug, Inc., 776 P.2d 1189 (Idaho 1989). · cites it 4× “Oseo disputes that Harrison is still within the period of recovery required by I.C. § 72-408, 1 and therefore she is not entitled to compensation for continuing treatment.”
Drake v. State, Indus. Spec. Indem. Fund, 920 P.2d 397 (Idaho 1996). · cites it 20× “Pursuant to former I.C. § 72-408, the ISIF paid Drake an amount equal to sixty percent (60%) of his average weekly wage for the first fifty-two weeks.”
Reese v. V-1 Oil Co., 115 P.3d 721 (Idaho 2005). · cites it 4× “We note, however, that the Commission has misconstrued Idaho Code §§ 72-408 and 72-432(4)(a). Had Reese failed to comply with Idaho Code § 72-432 (4)(a) when seeking medical care from Dr.”
Show all 27 citing cases →
— Idaho Code § 72-408(1) — 5 cases
Carey v. Clearwater Cnty. Road Dep't, 686 P.2d 54 (Idaho 1984). “I.C. § 72-408 sets forth the income benefits collectible by an injured employee during recovery, and subsections (1) and (2) thereof Speak of total disability benefits during the recovery period, measured in terms of the “currently applicable average weekly state wage.”
Nielson v. State, Indus. Special Indem. Fund, 684 P.2d 280 (Idaho 1984). “ISIF contends that under I.C. § 72-408, claimant is entitled only to 60% of the currently applicable average weekly state wage.”
Ochoa v. State, 794 P.2d 1127 (Idaho 1990). “Idaho Code § 72-408 defines the benefits to which a disabled worker is entitled.”
Corgatelli v. Steel West, Inc., 335 P.3d 1150 (Idaho 2014). “” I.C. § 72-408. Other than a deduction for the “waiting period” provided in Idaho Code section 72-408, Idaho Code section 72-406(2) provides another deduction: Any income benefits previously paid an injured workman for permanent disability -to any member or part of his body…”
Corgatelli v. Steel West, Inc. (Idaho 2014).
— Idaho Code § 72-408(2) — 1 case
Ochoa v. State, 794 P.2d 1127 (Idaho 1990). “Idaho Code § 72-408 defines the benefits to which a disabled worker is entitled.”
— Idaho Code § 72-408(3) — 3 cases
Paulson v. Idaho Forest Indus., Inc., 591 P.2d 143 (Idaho 1979). “" [3] I.C. § 72-408 provides: "72-408. Income benefits for total and partial disability.”
Lopez v. Amalgamated Sugar Co., 691 P.2d 1205 (Idaho 1984). “The Commission refused to award partial temporary income benefits under I.C. § 72-408(3) because claimant had been discharged for failure to keep his employer *1206 informed of the reason for his absence.”
Carey v. Clearwater Cnty. Road Dep't, 686 P.2d 54 (Idaho 1984). “I.C. § 72-408 sets forth the income benefits collectible by an injured employee during recovery, and subsections (1) and (2) thereof Speak of total disability benefits during the recovery period, measured in terms of the “currently applicable average weekly state wage.”
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