Idaho Code
Idaho Code § 72-419 (2026)
Determination of average weekly wage.
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Determination of average weekly wage.
Except as otherwise provided in this law, the average weekly wage of the employee at the time of the accident causing the injury or of manifestation of the occupational disease shall be taken as the basis upon which to compute compensation and shall be determined as follows:
(1) If at such time the wages are fixed by the week, the amount so fixed shall be the average weekly wage.
(2) If at such time the wages are fixed by the month, the average weekly wage shall be the monthly wage so fixed multiplied by twelve (12) and divided by fifty-two (52).
(3) If at such time the wages are fixed by the year, the average weekly wage shall be the yearly wage so fixed divided by fifty-two (52).
(4) (a) If at such time the wages are fixed by the day, hour or by the output of the employee, the average weekly wage shall be the wage most favorable to the employee computed by dividing by thirteen (13) his wages (not including overtime or premium pay) earned in the employ of the employer in the first, second, third or fourth period of thirteen (13) consecutive calendar weeks in the fifty-two (52) weeks immediately preceding the time of accident or manifestation of the disease.
(b) If the employee has been in the employ of the employer less than twelve (12) calendar weeks immediately preceding the accident or manifestation of the disease, his average weekly wage shall be computed under the foregoing paragraph, taking the wages (not including overtime or premium pay) for such purpose to be the amount he would have earned had he been so employed by the employer the full thirteen (13) calendar weeks immediately preceding such time and had worked, when work was available to other employees in a similar occupation.
(5) If at such time the hourly wage has not been fixed or cannot be ascertained, the wage for the purpose of calculating compensation shall be taken to be the usual wage for similar services where such services are rendered by paid employees.
(6) In seasonal occupations that do not customarily operate throughout the entire year, the average weekly wage shall be taken to be one-fiftieth (1/50) of the total wages which the employee has earned from all occupations during the twelve (12) calendar months immediately preceding the time of the accident or manifestation of the disease.
(7) In the case of a volunteer emergency responder, the income benefits in the first fifty-two (52) weeks shall be based on the average weekly wage in his regular employment or sixty-seven percent (67%) of the current average weekly state wage, as determined pursuant to section 72-409(2), Idaho Code, whichever is greater.
(8) If the employee was a minor, apprentice or trainee at the time of the accident or manifestation of the disease, and it is established that under normal conditions his wages should be expected to increase during the period of disability that fact may be considered in computing his average weekly wage.
(9) When the employee is working under concurrent contracts with two (2) or more employers and the defendant employer has knowledge of such employment prior to the injury, the employee’s wages from all such employers shall be considered as if earned from the employer liable for compensation.
(10) When circumstances are such that the actual rate of pay cannot be readily ascertained, the wage shall be deemed to be the contractual, customary or usual wage in the particular employment, industry or community for the same or similar service.
(11) In the case of public employees covered under section 72-205(6), Idaho Code, the income benefits shall be based on the greater of the average weekly wage of the employee’s civilian employment and pay computed for one (1) weekend drill in a month, or full-time active duty pay fixed by the month as provided in section 46-605, Idaho Code.
Notes of Decisions
Cited in 12
cases, 1982–2003 · leading case: Iverson v. Gordon Farming Co., Inc., 650 P.2d 669 (Idaho 1982).
Iverson v. Gordon Farming Co., Inc., 650 P.2d 669 (Idaho 1982). “Where, because of the shortness of time of the injured claimant's employment, or from the nature of the employment, a rate of average weekly earnings cannot be practicably determined, a method for computation is provided by I.C. § 72-419. [2] However, it appears that the referee…”
Baldner v. Bennett's, Inc., 649 P.2d 1214 (Idaho 1982). “§ 72-102(26) provides: "`Wages' and `wage earning capacity' prior to the injury or disablement from occupational disease means the employee's money payments for services as calculated under section 72-419, Idaho Code, and shall additionally include the reasonable market value of…”
Hoskins v. Circle a Constr., Inc., 63 P.3d 462 (Idaho 2003). “THE COMMISSION PROPERLY DETERMINED THAT HOSKINS’ EARNINGS FROM PRO-WEST WELDING SHOULD NOT BE INCLUDED IN THE COMPUTATION OF BENEFITS DUE FOR TOTAL TEMPORARY DISABILITY BENEFITS Idaho Code § 72-419 (9) provides that when an employee is working under concurrent contracts with two…”
Ragan v. Kenaston Corp., 879 P.2d 1085 (Idaho 1994). “This argument is based on I.C. § 72-419(10), which provides that “contractual, customary, or usual wage in the particular employment, industry or community for the same or similar service” can be used to determine the appropriate hourly rate when “the actual .”
Hegel v. Kuhlman Bros., Inc., 771 P.2d 519 (Idaho 1989). “, employer-surety responsible for thirty-seven and one-half percent of the whole man permanent/partial disability, and the Special Indemnity Fund sixty-two and one-half percent of the whole man permanent/partial disability. The Commission further concluded that claimant's…”
Loya v. J.R. Simplot Co., 813 P.2d 873 (Idaho 1991). “We agree with the Commission’s interpretation of I.C. § 72-419(9) as applying only to the computation of a claimant’s average weekly wage, and not to the evaluation of a claimant’s permanent disability under I.”
Dohl v. PSF Indus., Inc., 899 P.2d 445 (Idaho 1995). “The referee also computed the amount of Dohl’s weekly benefits based on I.C. §§ 72-419(6), 72-408. The referee next concluded that Dohl was totally and permanently disabled under the odd-lot doctrine.”
Campbell v. Key Millwork & Cabinet Co., 778 P.2d 731 (Idaho 1989). “§ 72-419(4)(b), but reversed itself and concluded that the surety’s failure to calculate the total temporary disability benefits under subsection (b), rather than subsection (a), of I.C. § 72-419(4) was unreasonable and therefore the claimant was entitled to an award of attorney…”
Frank v. Bunker Hill Co., 792 P.2d 815 (Idaho 1990). “III The Claimant's average weekly wage at the time of his injury is determined pursuant to § 72-419(4)(a) Idaho Code. Based upon Exhibit # 36, introduced at the second hearing in this matter, the Commissioner finds that the 13-consecutive-calendar-week period immediately…”
Drake v. State, Indus. Spec. Indem. Fund, 920 P.2d 397 (Idaho 1996). “In support of this argument, Drake cited to I.C. § 72-419(4)(a) which calculates an employee's weekly benefits by dividing the wages earned in the previous fifty-two weeks into four periods and using the wage period that is most favorable to the employee.”
Drake v. State, Indus. Special Indem. Fund, 920 P.2d 397 (Idaho 1996). “In support of this argument, Drake cited to I.C. § 72-419(4)(a) which calculates an employee’s weekly benefits by dividing the wages earned in the previous fifty-two weeks into four periods and using the wage period that is most favorable to the employee.”
Vassar v. J.R. Simplot Co., 5 P.2d 475 (Idaho 2000). “Section 72-419 is used to calculate the rate at which income benefits are paid, which is better suited to mathematical calculation.”
— Idaho Code § 72-419(10) — 1 case
Ragan v. Kenaston Corp., 879 P.2d 1085 (Idaho 1994). “This argument is based on I.C. § 72-419(10), which provides that “contractual, customary, or usual wage in the particular employment, industry or community for the same or similar service” can be used to determine the appropriate hourly rate when “the actual .”
— Idaho Code § 72-419(4) — 2 cases
Ragan v. Kenaston Corp., 879 P.2d 1085 (Idaho 1994). “This argument is based on I.C. § 72-419(10), which provides that “contractual, customary, or usual wage in the particular employment, industry or community for the same or similar service” can be used to determine the appropriate hourly rate when “the actual .”
Campbell v. Key Millwork & Cabinet Co., 778 P.2d 731 (Idaho 1989). “§ 72-419(4)(b), but reversed itself and concluded that the surety’s failure to calculate the total temporary disability benefits under subsection (b), rather than subsection (a), of I.C. § 72-419(4) was unreasonable and therefore the claimant was entitled to an award of attorney…”
— Idaho Code § 72-419(4)(a) — 4 cases
Hoskins v. Circle a Constr., Inc., 63 P.3d 462 (Idaho 2003). “THE COMMISSION PROPERLY DETERMINED THAT HOSKINS’ EARNINGS FROM PRO-WEST WELDING SHOULD NOT BE INCLUDED IN THE COMPUTATION OF BENEFITS DUE FOR TOTAL TEMPORARY DISABILITY BENEFITS Idaho Code § 72-419 (9) provides that when an employee is working under concurrent contracts with two…”
Frank v. Bunker Hill Co., 792 P.2d 815 (Idaho 1990). “III The Claimant's average weekly wage at the time of his injury is determined pursuant to § 72-419(4)(a) Idaho Code. Based upon Exhibit # 36, introduced at the second hearing in this matter, the Commissioner finds that the 13-consecutive-calendar-week period immediately…”
Drake v. State, Indus. Spec. Indem. Fund, 920 P.2d 397 (Idaho 1996). “In support of this argument, Drake cited to I.C. § 72-419(4)(a) which calculates an employee's weekly benefits by dividing the wages earned in the previous fifty-two weeks into four periods and using the wage period that is most favorable to the employee.”
Drake v. State, Indus. Special Indem. Fund, 920 P.2d 397 (Idaho 1996). “In support of this argument, Drake cited to I.C. § 72-419(4)(a) which calculates an employee’s weekly benefits by dividing the wages earned in the previous fifty-two weeks into four periods and using the wage period that is most favorable to the employee.”
— Idaho Code § 72-419(4)(b) — 3 cases
Hegel v. Kuhlman Bros., Inc., 771 P.2d 519 (Idaho 1989). “, employer-surety responsible for thirty-seven and one-half percent of the whole man permanent/partial disability, and the Special Indemnity Fund sixty-two and one-half percent of the whole man permanent/partial disability. The Commission further concluded that claimant's…”
Ragan v. Kenaston Corp., 879 P.2d 1085 (Idaho 1994). “This argument is based on I.C. § 72-419(10), which provides that “contractual, customary, or usual wage in the particular employment, industry or community for the same or similar service” can be used to determine the appropriate hourly rate when “the actual .”
Campbell v. Key Millwork & Cabinet Co., 778 P.2d 731 (Idaho 1989). “§ 72-419(4)(b), but reversed itself and concluded that the surety’s failure to calculate the total temporary disability benefits under subsection (b), rather than subsection (a), of I.C. § 72-419(4) was unreasonable and therefore the claimant was entitled to an award of attorney…”
— Idaho Code § 72-419(5) — 1 case
Iverson v. Gordon Farming Co., Inc., 650 P.2d 669 (Idaho 1982). “Where, because of the shortness of time of the injured claimant's employment, or from the nature of the employment, a rate of average weekly earnings cannot be practicably determined, a method for computation is provided by I.C. § 72-419. [2] However, it appears that the referee…”
— Idaho Code § 72-419(6) — 3 cases
Hegel v. Kuhlman Bros., Inc., 771 P.2d 519 (Idaho 1989). “, employer-surety responsible for thirty-seven and one-half percent of the whole man permanent/partial disability, and the Special Indemnity Fund sixty-two and one-half percent of the whole man permanent/partial disability. The Commission further concluded that claimant's…”
Dohl v. PSF Indus., Inc., 899 P.2d 445 (Idaho 1995). “The referee also computed the amount of Dohl’s weekly benefits based on I.C. §§ 72-419(6), 72-408. The referee next concluded that Dohl was totally and permanently disabled under the odd-lot doctrine.”
Ragan v. Kenaston Corp., 879 P.2d 1085 (Idaho 1994). “This argument is based on I.C. § 72-419(10), which provides that “contractual, customary, or usual wage in the particular employment, industry or community for the same or similar service” can be used to determine the appropriate hourly rate when “the actual .”
— Idaho Code § 72-419(9) — 4 cases
Baldner v. Bennett's, Inc., 649 P.2d 1214 (Idaho 1982). “§ 72-102(26) provides: "`Wages' and `wage earning capacity' prior to the injury or disablement from occupational disease means the employee's money payments for services as calculated under section 72-419, Idaho Code, and shall additionally include the reasonable market value of…”
Hoskins v. Circle a Constr., Inc., 63 P.3d 462 (Idaho 2003). “THE COMMISSION PROPERLY DETERMINED THAT HOSKINS’ EARNINGS FROM PRO-WEST WELDING SHOULD NOT BE INCLUDED IN THE COMPUTATION OF BENEFITS DUE FOR TOTAL TEMPORARY DISABILITY BENEFITS Idaho Code § 72-419 (9) provides that when an employee is working under concurrent contracts with two…”
Loya v. J.R. Simplot Co., 813 P.2d 873 (Idaho 1991). “We agree with the Commission’s interpretation of I.C. § 72-419(9) as applying only to the computation of a claimant’s average weekly wage, and not to the evaluation of a claimant’s permanent disability under I.”
Vassar v. J.R. Simplot Co., 5 P.2d 475 (Idaho 2000). “Section 72-419 is used to calculate the rate at which income benefits are paid, which is better suited to mathematical calculation.”
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