Idaho Code
Idaho Code

Idaho Code § 72-423 (2026)

Permanent disability. 

✓ current as of May 2026
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Permanent disability. 

"Permanent disability" or "under a permanent disability" results when the actual or presumed ability to engage in gainful activity is reduced or absent because of permanent impairment and no fundamental or marked change in the future can be reasonably expected.

Notes of Decisions
Cited in 41 cases (1 in the last 5 years), 1975–2024 · leading case: Reynolds v. Browning Ferris Indus., 751 P.2d 113 (Idaho 1988).
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Reynolds v. Browning Ferris Indus., 751 P.2d 113 (Idaho 1988). · cites it 10× “" I.C. § 72-423 uses the phrase "and no fundamental or marked change in the future can be reasonably expected.”
Paulson v. Idaho Forest Indus., Inc., 591 P.2d 143 (Idaho 1979). · cites it 6× “[2] Disability, whether temporary or permanent, involves a "decrease in wage-earning capacity," I.”
Bennett v. Clark Hereford Ranch, 680 P.2d 539 (Idaho 1984). · cites it 8× “Bennett filed an application with the Industrial Commission requesting an award of permanent disability compensation pursuant to I.C. § 72-423. [2] The hearing before a referee was held on May 6, 1980.”
Horton v. Garrett Freightlines, Inc., 772 P.2d 119 (Idaho 1989). · cites it 4× “" I.C. § 72-423. When that time has arrived (here the Commission fixed the *140 date March 1985) the Commission makes its appraisal of the claimant's " present and probable future ability to engage in gainful activity as it is affected by the medical factor of permanent…”
Graybill v. Swift & Co., 766 P.2d 763 (Idaho 1988). · cites it 4× “" Accordingly, the commission determined that claimant's permanent disability under I.C. § 72-423 [1] was 6 1/2% of the whole man.”
Urry v. Walker & Fox Masonry Contractors, 769 P.2d 1122 (Idaho 1989). · cites it 4× “Rather, disability is determined by viewing the impact of the impairment upon the individual in light of "nonmedical factors, such as age, sex, education, economic and social environment." I.C. § 72-425.”
Rivas v. K.C. Logging, 7 P.3d 212 (Idaho 2000). · cites it 4× “” I.C. § 72-423. A rating of permanent disability is “an appraisal of the injured employee’s present and probable future ability to engage in gainful activity as it is affected by the medical factor of permanent impairment and by pertinent nonmedical factors.”
Baldner v. Bennett's, Inc., 649 P.2d 1214 (Idaho 1982). · cites it 2× “— `Permanent disability' or `under a permanent disability' results when the actual or presumed ability to engage in gainful activity is reduced or absent because of permanent impairment and no fundamental or marked change in the future can be reasonably expected.”
Mcgee v. Jd Lumber, 17 P.3d 272 (Idaho 2000). · cites it 6× “Specifically, under I.C. § 72-423, “permanent disability” has been defined as the condition that results “when the actual or presumed ability to engage in gainful activity is reduced or absent because of permanent impairment and no fundamental or marked change in the future can…”
Seese v. Ideal of Idaho, Inc., 714 P.2d 1 (Idaho 1985). · cites it 4× “§ 72-422) and "permanent disability" (as defined in I.C. § 72-423) involve "different but related classifications.”
Funes v. Aardema Dairy, 244 P.3d 151 (Idaho 2010). · cites it 2× “§ 72-422. A degree of permanent disability is calculated based on the extent to which “the actual or presumed ability to engage in gainful activity is reduced or absent because of permanent impairment and no fundamental or marked change in the future can be reasonably expected.”
Mayer v. TPC Holdings, Inc., 370 P.3d 738 (Idaho 2016). · cites it 4× ““Permanent disability” as defined in Idaho Code section 72-423, “results when the actual or presumed ability to engage in gainful activity is reduced or absent because of permanent impairment and no fundamental or marked change in the future can be reasonably expected.”
Show all 41 citing cases →
— Idaho Code § 72-423(6) — 1 case
Neel v. W. Constr., Inc., 206 P.3d 852 (Idaho 2009).
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