Idaho Code
Idaho Code § 72-409 (2026)
Maximum and minimum income benefits for total disability.
✓ current as of May 2026
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Maximum and minimum income benefits for total disability.
(1) The weekly income benefits provided for in section 72-408(1), Idaho Code, shall be subject to a maximum of ninety percent (90%) and a minimum of forty-five percent (45%) of the currently applicable average weekly state wage, provided, however, that during the first fifty-two (52) weeks of total disability income benefits shall not in any case exceed ninety percent (90%) of the employee’s average weekly wage, but if during the first fifty-two (52) weeks ninety percent (90%) of the employee’s average weekly wage is less than fifteen percent (15%) of the currently applicable average weekly state wage, then the employee shall receive no less than fifteen percent (15%) of the currently applicable average weekly state wage, except as benefits may be increased by reason of increases in the average weekly state wage as computed in subsection (2) hereof, nor shall income benefits paid subsequent to the first fifty-two (52) weeks of total disability exceed income benefits paid during the first fifty-two (52) weeks of total disability except as the same may be increased by reason of increases in the average weekly state wage, provided, however, that where an employee’s benefit rate for the first fifty-two (52) week period was less than the minimums prescribed above, his benefit rate thereafter shall be not less than forty-five percent (45%) of the currently applicable average weekly state wage.
(2) For the purpose of this law the average weekly wage in the state shall be determined by the commission as follows: on or before June 1 of each year, the total wages reported on contribution reports to the department of employment for the preceding calendar year shall be divided by the average monthly number of insured workers determined by dividing the total insured workers reported for the preceding year by twelve (12). The average annual wage thus obtained shall be divided by fifty-two (52) and the average weekly state wage thus determined rounded to the nearest dollar. The average weekly state wage as so determined shall be applicable for the calendar year commencing January 1 following the June 1 determination.
Notes of Decisions
Cited in 17
cases, 1979–2016 · leading case: Ochoa v. State, 794 P.2d 1127 (Idaho 1990).
Ochoa v. State, 794 P.2d 1127 (Idaho 1990). “Idaho Code § 72-409 sets forth the maximum and minimum benefits payable as follows: Maximum and minimum income benefits for total disability — (1) The weekly income benefits provided for in section 72-408(1), Idaho Code, shall be subject to a *72 maximum of ninety per cent (90%)…”
Carey v. Clearwater Cnty. Road Dep't, 686 P.2d 54 (Idaho 1984). “The fund argues, on the basis of several statutory provisions, that the amount to be paid by the employer/surety should be an adjustable figure computed annually in accordance with the changing average weekly state wage under I.C. § 72-409. 3 We note that this dispute is solely…”
Ballard v. Kerr, M.D, Silk Touch Laser, 378 P.3d 464 (Idaho 2016). “”9 However, this cap on awards of non-economic damages shall not apply to “[c]auses of action arising out of 9 This cap is adjusted annually according to the percentage of Idaho Industrial Commission adjustments to the average annual wage, computed pursuant to Idaho Code section…”
Paulson v. Idaho Forest Indus., Inc., 591 P.2d 143 (Idaho 1979). “ Income benefits for total and partial disability during the period of recovery 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) Total…”
Randy Hoffer v. Scott A. Shappard, D.O., 380 P.3d 681 (Idaho 2016). “250,000 cap on noneconomic damages, with adjustments calculated as follows: "beginning on July 1, 2004, and each July 1 thereafter, the cap on noneconomic damages established in this section shall increase or decrease in accordance with the percentage amount of increase or…”
Nielson v. State, Indus. Special Indem. Fund, 684 P.2d 280 (Idaho 1984). “" I.C. § 72-409, prior to its amendment in 1981, read in pertinent part as follows: “72-409.”
Kirkland v. Blaine Cnty. Med. Ctr., 4 P.3d 1115 (Idaho 2000). “amount of four hundred thousand dollars ($400,000); provided, however, that beginning on July 1, 1988, and each July 1 thereafter, the cap on noneconomic damages established in this section shall increase or decrease in accordance with the percentage amount of increase or…”
Phinney v. Shoshone Med. Ctr., 960 P.2d 1258 (Idaho 1998). “See I.C. § 72-409. Both section 72-408 and section 72-409 consider an employee’s average weekly wage in determining the amount of the employee’s income benefits.”
Monroe v. Chapman, 668 P.2d 1000 (Idaho 1983). “See Section 72-409, Idaho Code. The escalation system was to apply to two of the three categories of total disability cases.”
State Dep't of Health & Welfare v. Hudelson, 196 P.3d 905 (Idaho 2008). “amount of four hundred thousand dollars ($400,-000); provided, however, that beginning on July 1, 1988, and each July 1 thereafter, the cap on noneconomic damages established in this section shall increase or decrease in accordance with the percentage amount of increase or…”
Corgatelli v. Steel West, Inc., 335 P.3d 1150 (Idaho 2014). ““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…”
Dennis Ray Hennefer v. Blaine Cnty. Sch. Dist. 61, 346 P.3d 259 (Idaho 2015). “This cap is adjusted annually according to the percentage of Idaho Industrial Commission adjustments to the average annual wage, computed pursuant to Idaho Code section 72-409(2). I.C. § 6-1603(1). 4 . Although we did not expressly endorse the instruction in Phillips as a…”
— Idaho Code § 72-409(1) — 2 cases
Ochoa v. State, 794 P.2d 1127 (Idaho 1990). “Idaho Code § 72-409 sets forth the maximum and minimum benefits payable as follows: Maximum and minimum income benefits for total disability — (1) The weekly income benefits provided for in section 72-408(1), Idaho Code, shall be subject to a *72 maximum of ninety per cent (90%)…”
Nielson v. State, Indus. Special Indem. Fund, 684 P.2d 280 (Idaho 1984). “" I.C. § 72-409, prior to its amendment in 1981, read in pertinent part as follows: “72-409.”
— Idaho Code § 72-409(2) — 8 cases
Ballard v. Kerr, M.D, Silk Touch Laser, 378 P.3d 464 (Idaho 2016). “”9 However, this cap on awards of non-economic damages shall not apply to “[c]auses of action arising out of 9 This cap is adjusted annually according to the percentage of Idaho Industrial Commission adjustments to the average annual wage, computed pursuant to Idaho Code section…”
Randy Hoffer v. Scott A. Shappard, D.O., 380 P.3d 681 (Idaho 2016). “250,000 cap on noneconomic damages, with adjustments calculated as follows: "beginning on July 1, 2004, and each July 1 thereafter, the cap on noneconomic damages established in this section shall increase or decrease in accordance with the percentage amount of increase or…”
Kirkland v. Blaine Cnty. Med. Ctr., 4 P.3d 1115 (Idaho 2000). “amount of four hundred thousand dollars ($400,000); provided, however, that beginning on July 1, 1988, and each July 1 thereafter, the cap on noneconomic damages established in this section shall increase or decrease in accordance with the percentage amount of increase or…”
State Dep't of Health & Welfare v. Hudelson, 196 P.3d 905 (Idaho 2008). “amount of four hundred thousand dollars ($400,-000); provided, however, that beginning on July 1, 1988, and each July 1 thereafter, the cap on noneconomic damages established in this section shall increase or decrease in accordance with the percentage amount of increase or…”
Carey v. Clearwater Cnty. Road Dep't, 686 P.2d 54 (Idaho 1984). “The fund argues, on the basis of several statutory provisions, that the amount to be paid by the employer/surety should be an adjustable figure computed annually in accordance with the changing average weekly state wage under I.C. § 72-409. 3 We note that this dispute is solely…”
— Idaho Code § 72-409(l) — 1 case
Ochoa v. State, 794 P.2d 1127 (Idaho 1990). “Idaho Code § 72-409 sets forth the maximum and minimum benefits payable as follows: Maximum and minimum income benefits for total disability — (1) The weekly income benefits provided for in section 72-408(1), Idaho Code, shall be subject to a *72 maximum of ninety per cent (90%)…”
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