Idaho Code

Idaho Code § 72-438 (2026)

Occupational diseases.

✓ current as of May 2026

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Occupational diseases.

Compensation shall be payable for disability or death of an employee resulting from the following occupational diseases:

(1) Poisoning by lead, mercury, arsenic, zinc, or manganese, their preparations or compounds in any occupation involving direct contact therewith, handling thereof, or exposure thereto.

(2) Carbon monoxide poisoning or chlorine poisoning in any process or occupation involving direct exposure to carbon monoxide or chlorine in buildings, sheds, or enclosed places.

(3) Poisoning by methanol, carbon bisulphide, hydrocarbon distillates (naphthas and others) or halogenated hydrocarbons, or any preparations containing these chemicals or any of them, in any occupation involving direct contact therewith, handling thereof, or exposure thereto.

(4) Poisoning by benzol or by nitro, amido, or amino-derivatives of benzol (dinitro-benzol, anilin and others) or their preparations or compounds in any occupation involving direct contact therewith, handling thereof, or exposure thereto.

(5) Glanders in the care or handling of any equine animal or the carcass of any such animal.

(6) Radium poisoning by or disability due to radioactive properties of substances or to roentgen ray (X-ray) in any occupation involving direct contact therewith, handling thereof, or exposure thereto.

(7) Poisoning by or ulceration from chromic acid or bichromate of ammonium, potassium, or sodium or their preparations, or phosphorus preparations or compounds, in any occupation involving direct contact therewith, handling thereof, or exposure thereto.

(8) Ulceration due to tar, pitch, bitumen, mineral oil, or paraffin, or any compound product, or residue of any of these substances, in any occupation involving direct contact therewith, handling thereof, or exposure thereto.

(9) Dermatitis venenata, that is, infection or inflammation of the skin, furunculosis excepted, due to oils, cutting compounds, lubricants, liquids, fumes, gases, or vapors in any occupation involving direct contact therewith, handling thereof, or exposure thereto.

(10) Anthrax occurring in any occupation involving the handling of or exposure to wool, hair, bristles, hides, skins, or bodies of animals either alive or dead.

(11) Silicosis in any occupation involving direct contact with, handling of, or exposure to dust of silicon dioxide (SiO2).

(12) Cardiovascular or pulmonary or respiratory diseases of a firefighter, employed by or volunteering for a municipality, village or fire district as a regular member of a lawfully established fire department, caused by overexertion in times of stress or danger or by proximate exposure or by cumulative exposure over a period of four (4) years or more to heat, smoke, chemical fumes or other toxic gases arising directly out of, and in the course of, his employment.

(13) Acquired immunodeficiency syndrome (AIDS), AIDS-related complexes (ARC), other manifestations of human immunodeficiency virus (HIV) infections, infectious hepatitis viruses and tuberculosis in any occupation involving exposure to human blood or body fluids.

(14) Firefighter occupational diseases:

(a) As used in this subsection, "firefighter" means an employee whose primary duty is that of extinguishing or investigating fires as part of a fire district, fire department or fire brigade.

(b) If a firefighter is diagnosed with one (1) or more of the following diseases after the period of employment indicated in subparagraphs (i) through (xi) of this paragraph, and the disease was not revealed during an initial employment medical screening examination that was performed according to such standards and conditions as may be established at the sole discretion of the governing board having authority over a given fire district, fire department, or fire brigade, then the disease shall be presumed to be proximately caused by the firefighter’s employment as a firefighter:

(i) Brain cancer after ten (10) years;

(ii) Bladder cancer after twelve (12) years;

(iii) Kidney cancer after fifteen (15) years;

(iv) Colorectal cancer after ten (10) years;

(v) Non-Hodgkin’s lymphoma after fifteen (15) years;

(vi) Leukemia after five (5) years;

(vii) Mesothelioma after ten (10) years;

(viii) Testicular cancer after five (5) years if diagnosed before the age of forty (40) years with no evidence of anabolic steroids or human growth hormone use;

(ix) Breast cancer after five (5) years if diagnosed before the age of forty (40) years without a breast cancer 1 or breast cancer 2 genetic predisposition to breast cancer;

(x) Esophageal cancer after ten (10) years; and

(xi) Multiple myeloma after fifteen (15) years.

(c) The presumption created in this subsection may be overcome by substantial evidence to the contrary. If the presumption is overcome by substantial evidence, then the firefighter or the beneficiaries must prove that the firefighter’s disease was caused by his or her duties of employment.

(d) The presumption created in this subsection shall not preclude a firefighter from demonstrating a causal connection between employment and disease or injury by a preponderance of evidence before the Idaho industrial commission.

(e) The presumption created in this subsection shall not apply to any specified disease diagnosed more than ten (10) years following the last date on which the firefighter actually worked as a firefighter as defined in paragraph (a) of this subsection. Nor shall the presumption apply if a firefighter or a firefighter’s cohabitant has regularly and habitually used tobacco products for ten (10) or more years prior to the diagnosis.

(f) The periods of employment described in paragraph (b) of this subsection refer to periods of employment within the state of Idaho.

Recognizing that additional toxic or harmful substances or matter are continually being discovered and used or misused, the above enumerated occupational diseases are not intended to be exclusive, but such additional diseases shall not include hazards that are common to the public in general and that are not within the meaning of section 72-102(22)(a), Idaho Code, and the diseases enumerated in subsection (12) of this section pertaining to firefighters shall not be subject to the limitations prescribed in section 72-439, Idaho Code.

Notes of Decisions

Cited in 14 cases (3 in the last 5 years), 1978–2025 · leading case: The Est. of Kurt Aikele v. City of Blackfoot, 382 P.3d 352 (Idaho 2016).

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The Est. of Kurt Aikele v. City of Blackfoot, 382 P.3d 352 (Idaho 2016). · cites it 72× “proximate exposure or by cumulative exposure over 11 a period of four (4) years or more to heat, smoke, chemical fumes or other toxic gases arising directly out of, and in the course of, his employment.”

Nelson v. City of Pocatello, 508 P.3d 1234 (Idaho 2022). · cites it 45× “l § 2 of the Idaho Constitution and the Fourteenth Amendment to the United States Constitution.” The City contends that these statutory provisions carve out a classification for the employers of firefighters with cancers enumerated in the workers’ compensation laws, which is…”

Kinney v. Tupperware Co., 792 P.2d 330 (Idaho 1990). · cites it 17× “Appellants initially argue that in ruling that Carpal Tunnel Syndrome constitutes an occupational disease, the Industrial Commission has misconstrued I.C. § 72-438, and in particular, subsection 12 of that statute.”

Bowman v. Twin Falls Const. Co., Inc., 581 P.2d 770 (Idaho 1978). · cites it 4× “" I.C. § 72-438. [2] Thus, it would appear possible for claimant here to argue that his condition is both an "accident" (because of this Court's traditionally expansive interpretation of that word) and an "occupational disease" (because of the catchall category added in the 1971…”

Miller v. Amalgamated Sugar Co., 672 P.2d 1055 (Idaho 1983). · cites it 2× “The decision of the commission correctly noted that the list of diseases enumerated in I.C. § 72-438 is not exclusive. The commission also considered and applied this Court’s decision in Bowman v.”

Cawley v. Idaho Nuclear Corp., 784 P.2d 890 (Idaho 1989). · cites it 4× “I.C. § 72-438(6). The code specifies time limitations which govern the giving of notice to the employer and which limit the time within which a claim for compensation may be filed.”

City of Littleton v. Indus. Claim Appeals Off., 370 P.3d 157 (Colo. 2016). “"); Idaho Code § 72-438 (2016) (requiring "substantial evidence to the contrary"); La.”

Buffington v. Potlatch Corp., 875 P.2d 934 (Idaho 1994). · cites it 2× “I.C. § 72-438. Since Buffington did not prove, to a reasonable degree of medical probability, that his ear condition, whether a disease or injury related, arose out of and in the course of his employment with Potlatch, Potlatch is not liable for any compensation.”

Take v. Comm'r, 82 T.C. 630 (Tax Ct. 1984). “For example, in some States, the workmen's compensation statute defines compensable occupational diseases by the relationship between the activities performed within the occupation and the disease contracted.”

City of Littleton v. Indus. Claim Appeals Off., 2016 CO 25 (Colo. 2016). “"); Idaho Code § 72-438 (2016) (requiring "substantial evidence to the contrary"); La.”

Palmer v. Del Webb's High Sierra, 838 P.2d 435 (Nev. 1992). · cites it 2× “" Idaho Code § 72-438 (Supp.1991). Likewise, Ohio's statute provides: "A disease which meets the definition of an occupational disease is compensable pursuant to Chapter 4123.”

The Est. of Kurt Aikele v. City of Blackfoot (Idaho 2016). · cites it 34× “proximate exposure or by cumulative exposure over 11 a period of four (4) years or more to heat, smoke, chemical fumes or other toxic gases arising directly out of, and in the course of, his employment.”

Show all 14 citing cases →

— Idaho Code § 72-438(1) — 2 cases

The Est. of Kurt Aikele v. City of Blackfoot, 382 P.3d 352 (Idaho 2016). “proximate exposure or by cumulative exposure over 11 a period of four (4) years or more to heat, smoke, chemical fumes or other toxic gases arising directly out of, and in the course of, his employment.”

The Est. of Kurt Aikele v. City of Blackfoot (Idaho 2016). “proximate exposure or by cumulative exposure over 11 a period of four (4) years or more to heat, smoke, chemical fumes or other toxic gases arising directly out of, and in the course of, his employment.”

— Idaho Code § 72-438(12) — 4 cases

Kinney v. Tupperware Co., 792 P.2d 330 (Idaho 1990). “Appellants initially argue that in ruling that Carpal Tunnel Syndrome constitutes an occupational disease, the Industrial Commission has misconstrued I.C. § 72-438, and in particular, subsection 12 of that statute.”

Eldridge v. Agar Livestock, LLC, 517 P.3d 843 (Idaho 2022).

— Idaho Code § 72-438(14) — 2 cases

Nelson v. City of Pocatello, 508 P.3d 1234 (Idaho 2022). “l § 2 of the Idaho Constitution and the Fourteenth Amendment to the United States Constitution.” The City contends that these statutory provisions carve out a classification for the employers of firefighters with cancers enumerated in the workers’ compensation laws, which is…”

Weeks v. Oneida Cnty. (Idaho 2025).

— Idaho Code § 72-438(14)(b) — 1 case

— Idaho Code § 72-438(14)(b)(vi) — 1 case

— Idaho Code § 72-438(14)(c) — 1 case

— Idaho Code § 72-438(14)(e) — 1 case

— Idaho Code § 72-438(6) — 1 case

Cawley v. Idaho Nuclear Corp., 784 P.2d 890 (Idaho 1989). “I.C. § 72-438(6). The code specifies time limitations which govern the giving of notice to the employer and which limit the time within which a claim for compensation may be filed.”

— Idaho Code § 72-438(b) — 1 case

— Idaho Code § 72-438(l) — 1 case

— Idaho Code § 72-438(l4)(b) — 1 case

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