Retraining.
Following a hearing upon a motion of the employer, the employee, or the commission, if the commission deems a permanently disabled employee, after the period of recovery, is receptive to and in need of retraining in another field, skill or vocation in order to restore his earning capacity, the commission may authorize or order such retraining and during the period of retraining or any extension thereof, the employer shall continue to pay the disabled employee, as a subsistence benefit, temporary total or temporary partial disability benefits as the case may be. The period of retraining shall be fixed by the commission but shall not exceed fifty-two (52) weeks unless the commission, following application and hearing, deems it advisable to extend the period of retraining, in which case the increased period shall not exceed fifty-two (52) weeks. An employer and employee may mutually agree to a retraining program without the necessity of a hearing before the commission.
Notes of Decisions
Haldiman v. Am. Fine Foods, 793 P.2d 187 (Idaho 1990).
· cites it 36× “The sole issue presented is whether an employee for whom retraining has been authorized or ordered pursuant to I.C. § 72-450 is entitled to an additional allowance for the expense of traveling to and from her place of retraining.”
Kindred v. Amalgamated Sugar Co., 756 P.2d 401 (Idaho 1988).
· cites it 8× “Amalgamated also argues that it did not believe it owed Kindred a responsibility to pay for his retraining and that these payments were not classified as retraining benefits by the employer; nor did the Commission order or authorize retraining benefits pursuant to I.C. § 72-450.…”
Oliveros v. Rule Steel Tanks, Inc., 438 P.3d 291 (Idaho 2019).
· cites it 24× “5 (1988) ("Income benefits payable under the Workmen's Compensation Law, with the exception of retraining benefits, I.C. § 72-450, are based upon disability, either temporary or permanent, but not merely impairment.”
Archer v. Bonners Ferry Datsun, 786 P.2d 557 (Idaho 1990).
· cites it 8× “I.C. § 72-450 (1988) provides: Following a hearing or informal conference upon motion of the employer, the employee or its own motion, if the commission deems a permanently disabled employee, after the period of recovery, is receptive to and in need of retraining in another…”
Baldner v. Bennett's, Inc., 649 P.2d 1214 (Idaho 1982).
· cites it 4× “"(2) If he has been found to be disabled, the amount of retraining, if any, due claimant, in addition to the amount heretofore furnished by Employer/Surety.”
Fowler v. City of Rexburg, 773 P.2d 269 (Idaho 1989).
· cites it 4× “[5] Income benefits payable under the Workmen's Compensation Law, with the exception of retraining benefits, I.C. § 72-450, are based upon disability, either temporary or permanent, but not merely impairment.”
Hipwell v. Challenger Pallet & Supply, 859 P.2d 330 (Idaho 1993).
· cites it 4× “Idaho Code § 72-450 gives the Commission discretion to award retraining benefits for up to two fifty-two week periods.”
Mayer v. TPC Holdings, Inc., 370 P.3d 738 (Idaho 2016).
· cites it 2× “5 (1988) ("Income benefits payable under the Workmen’s Compensation Law, with the exception of retraining benefits, I.C. § 72-450, are based upon disability, either temporary or permanent, but not merely impairment.”
Harmon v. Lute's Constr. Co., 732 P.2d 260 (Idaho 1986).
· cites it 2× “I.C. § 72-450 provides a separate statutory definition for retraining benefits.”
Oliveros v. Rule Steel (Idaho 2019).
· cites it 22× “I.C. § 72-450. A claimant’s ability to restore earning capacity after suffering an injury is not limited to a comparison of wages, but also depends on relevant factors such as a claimant’s willingness to work, attitude, and particular skillset.”
Campbell v. Key Millwork & Cabinet Co., 778 P.2d 731 (Idaho 1989).
· cites it 2× “I.C. § 72-450 states that during the period of retraining “the employer shall continue to pay the disabled employee, as a subsistence benefit, temporary total or temporary partial disability benefits as the case may be.”
Adams v. Caribou Mem'l Hosp., 895 P.2d 1215 (Idaho 1995).
· cites it 8× “I.C. § 72-450 provides that after a claimant’s “period of recovery” ends, “the employer shall continue to pay the disabled employee, as a subsistence benefit, temporary total or temporary partial disability benefits,” if the employee is eligible for retraining.”
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