Idaho Code
Idaho Code § 72-706 (2026)
Limitation on time on application for hearing.
✓ current as of May 2026
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Limitation on time on application for hearing.
(1) When no compensation paid. When a claim for compensation has been made and no compensation has been paid thereon, the claimant, unless misled to his prejudice by the employer or surety, shall have one (1) year from the date of making claim within which to make and file with the commission an application requesting a hearing and an award under such claim.
(2) When compensation discontinued. When payments of compensation have been made and thereafter discontinued, the claimant shall have five (5) years from the date of the accident causing the injury or date of first manifestation of an occupational disease within which to make and file with the commission an application requesting a hearing for further compensation and award.
(3) When income benefits discontinued. If income benefits have been paid and discontinued more than four (4) years from the date of the accident causing the injury or the date of first manifestation of an occupational disease, the claimant shall have one (1) year from the date of the last payment of income benefits within which to make and file with the commission an application requesting a hearing for additional income benefits.
(4) Medical benefits. The payment of medical benefits beyond five (5) years from the date of the accident causing the injury or the date of first manifestation of an occupational disease shall not extend the time for filing a claim or an application requesting a hearing for additional income benefits as provided in this section.
(5) Right to medical benefits not affected. Except under circumstances provided in subsection (1) of this section, the claimant’s right to medical benefits under the provisions of section 72-432(1), Idaho Code, shall not be otherwise barred by this section.
(6) Relief barred. In the event an application is not made and filed as in this section provided, relief on any such claim shall be forever barred.
Notes of Decisions
Cited in 43
cases (5 in the last 5 years), 1973–2025 · leading case: Woodvine v. Triangle Dairy, Inc., 682 P.2d 1263 (Idaho 1984).
Woodvine v. Triangle Dairy, Inc., 682 P.2d 1263 (Idaho 1984). “On September 29, 1980, claimant filed an application for hearing to request further compensation and award pursuant to I.C. § 72-706(2), or alternatively, to reopen and modify the third compensation agreement pursuant to I.”
Bainbridge v. Boise Cascade Plywood Mill, 721 P.2d 179 (Idaho 1986). “In this case the commission dismissed for failure to timely file the claim, not for failure to timely file an application for hearing.”
Fowler v. City of Rexburg, 773 P.2d 269 (Idaho 1989). “[1] By agreement of the parties, the only issue submitted to the commission was whether Fowler's two applications for hearing filed June 13, 1985, were barred by the statute of limitations set forth in I.C. §§ 72-706 [2] and 72-719. [3] The commission found that Fowler's…”
Kindred v. Amalgamated Sugar Co., 756 P.2d 401 (Idaho 1988). “The Commission also concluded that Kindred's claim was barred under I.C. § 72-706 (amended 1978), which provides that an application for hearing must be filed within one year after the last compensation was paid to the claimant.”
Walters v. Blincoe's Magic Valley Packing Co., 787 P.2d 225 (Idaho 1990). “" The employer and its surety filed a motion to dismiss stating that the sole issue of law was whether or not I.C. § 72-706 and § 72-719 barred Walters from having a hearing to determine if he was entitled to further income benefits for permanent disability.”
Jones v. Morrison-Knudsen Co., Inc., 567 P.2d 3 (Idaho 1977). “§ 72-448(3) and I.C. § 72-706(2) concerning how soon that action must be taken by the claimant.”
Frank v. Bunker Hill Co., 124 P.3d 1002 (Idaho 2005). “§ 72-718 and § 72-719 bar Frank’s claim. The Commission agreed and it is correct.”
Horton v. Garrett Freightlines, Inc., 684 P.2d 297 (Idaho 1984). “§ 72-407, now I.C. § 72-706), "contemplates a bar to claims for compensation except those based on necessary medical payments claims which are made within a reasonable time of the injury," nevertheless, construing Steinebach and Duncan together, we conclude that income benefits…”
Waltman v. Associated Food Stores, Inc., 707 P.2d 384 (Idaho 1985). “Further, the ISIF argued that the statute of limitations provisions of I.C. § 72-706 should apply to the ISIF precluding Mr.”
Ryen v. City of Coeur D'Alene, 770 P.2d 800 (Idaho 1989). “NOTES [1] Idaho Code § 72-706 (2) provides in full: When compensation discontinued.”
DeMoss v. City of Coeur D'Alene, 795 P.2d 875 (Idaho 1990). “No application for hearing was filed by the claimants with the Industrial Commission within the time provided in I.C. § 72-706. On February 6, 1986, appellants filed this action in the district court alleging that the defendants were liable for (1) assault and battery (or…”
Austin v. Bio Tech Nutrients, 443 P.3d 262 (Idaho 2019). “Section 72-604 tolls the time for a claimant to seek compensation "[w]hen the employer has knowledge of an occupational disease, injury, or death and willfully fails or refuses to file the report as required by .”
— Idaho Code § 72-706(1) — 10 cases
Seward v. Pac. Hide & Fur Depot, 65 P.3d 531 (Idaho 2003).
Tonahill v. Legrand Johnson Constr. Co., 963 P.2d 1174 (Idaho 1998).
Wright v. Willer, 725 P.2d 179 (Idaho 1986).
Thomas C. Millard v. ABCO Constr., 384 P.3d 958 (Idaho 2016).
Howard v. FMC Corp., 567 P.2d 10 (Idaho 1977).
— Idaho Code § 72-706(2) — 19 cases
Woodvine v. Triangle Dairy, Inc., 682 P.2d 1263 (Idaho 1984). “On September 29, 1980, claimant filed an application for hearing to request further compensation and award pursuant to I.C. § 72-706(2), or alternatively, to reopen and modify the third compensation agreement pursuant to I.”
Kindred v. Amalgamated Sugar Co., 756 P.2d 401 (Idaho 1988). “The Commission also concluded that Kindred's claim was barred under I.C. § 72-706 (amended 1978), which provides that an application for hearing must be filed within one year after the last compensation was paid to the claimant.”
Bainbridge v. Boise Cascade Plywood Mill, 721 P.2d 179 (Idaho 1986). “In this case the commission dismissed for failure to timely file the claim, not for failure to timely file an application for hearing.”
Walters v. Blincoe's Magic Valley Packing Co., 787 P.2d 225 (Idaho 1990). “" The employer and its surety filed a motion to dismiss stating that the sole issue of law was whether or not I.C. § 72-706 and § 72-719 barred Walters from having a hearing to determine if he was entitled to further income benefits for permanent disability.”
Jones v. Morrison-Knudsen Co., Inc., 567 P.2d 3 (Idaho 1977). “§ 72-448(3) and I.C. § 72-706(2) concerning how soon that action must be taken by the claimant.”
— Idaho Code § 72-706(2)(1978) — 1 case
Salas v. J.R. Simplot Co., 61 P.3d 569 (Idaho 2002).
— Idaho Code § 72-706(3) — 5 cases
Austin v. Bio Tech Nutrients, 443 P.3d 262 (Idaho 2019). “Section 72-604 tolls the time for a claimant to seek compensation "[w]hen the employer has knowledge of an occupational disease, injury, or death and willfully fails or refuses to file the report as required by .”
Nelson v. City of Bonners Ferry, 232 P.3d 807 (Idaho 2010).
Salas v. J.R. Simplot Co., 61 P.3d 569 (Idaho 2002).
Austin v. Bio Tech Nutrients (Idaho 2019).
Howard v. FMC Corp., 567 P.2d 10 (Idaho 1977).
— Idaho Code § 72-706(6) — 1 case
Stanley v. Idaho Indus. Special Indem. Fund (Idaho 2021).
— Idaho Code § 72-706(l) — 1 case
Lowery v. Kuykendall (Idaho 2024).
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