Idaho Code
Idaho Code § 72-804 (2026)
Attorney’s fees — Punitive costs in certain cases.
✓ current as of May 2026
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Attorney’s fees — Punitive costs in certain cases.
If the commission or any court before whom any proceedings are brought under this law determines that the employer or his surety contested a claim for compensation made by an injured employee or dependent of a deceased employee without reasonable ground, or that an employer or his surety neglected or refused within a reasonable time after receipt of a written claim for compensation to pay to the injured employee or his dependents the compensation provided by law, or without reasonable grounds discontinued payment of compensation as provided by law justly due and owing to the employee or his dependents, the employer shall pay reasonable attorney fees in addition to the compensation provided by this law. In all such cases the fees of attorneys employed by injured employees or their dependents shall be fixed by the commission.
Notes of Decisions
Cited in 124
cases (11 in the last 5 years), 1976–2026 · leading case: Idaho State Ins. Fund v. Van Tine, 980 P.2d 566 (Idaho 1999).
Idaho State Ins. Fund v. Van Tine, 980 P.2d 566 (Idaho 1999). “72-804 provides: Attorney’s fees — Punitive costs in certain cases. — If the commission or any court before whom any proceedings are brought under this law determines that the employer or his surety contested a claim for compensation made by an injured employee or dependent of a…”
Verdene Page v. McCain Foods, Inc., 316 P.3d 671 (Idaho 2014). “The Industrial Commission, however, awarded Berry a 30% attorney fee award pursuant to Idaho Code § 72-804 , which requires an employer to pay reasonable attorney fees when it unreasonably withholds compensation from an injured employee.”
Trapp v. Sagle Volunteer Fire Dep't, 837 P.2d 781 (Idaho 1992). “Idaho Code § 72-804 dictates that the employer/surety shall pay reasonable attorney fees in addition to the compensation, a decision which this Court is as entitled to make as is the Commission, when it appears that the claim for compensation has been unreasonably contested.”
Gooby v. Lake Shore Mgmt. Co., 29 P.3d 390 (Idaho 2001). “The Commission declined to award attorney fees under Idaho Code § 72-804 because, “Defendants’ decision to discontinue temporary disability benefits was reasonably based upon the evaluation of the panel.”
Todd L. Hamilton v. Alpha Servs., LLC, 351 P.3d 611 (Idaho 2015). “Idaho Code section 72-804 provides that: If the commission or any court before whom any proceedings are brought under this law determines that the employer or his surety contested a claim for compensation made by an injured employee or dependent of a deceased employee without…”
Leticia M. Salinas v. Bridgeview Estates, 394 P.3d 793 (Idaho 2017). “I.C. § 72-804. In sum, the statute provides for the award of attorney’s fees against an employer or surety in three instances.”
Kirkpatrick v. Transtector Sys., 759 P.2d 65 (Idaho 1988). “, (Transtector), and General Insurance Company, (General), surety, appeal the Industrial Commission's determinations that respondent David Kirkpatrick was injured while in the course and scope of his employment for Transtector; that the workers compensation laws of Idaho, rather…”
Morris v. Hap Taylor & Sons, Inc., 301 P.3d 639 (Idaho 2013). “Idaho Code § 72-804 provides: If the commission or any court before whom any proceedings are brought under this law determines that the employer or his surety contested a claim for compensation made by an injured employee or dependent of a deceased employee without reasonable…”
Lopez v. Amalgamated Sugar Co., 691 P.2d 1205 (Idaho 1984). “The Commission noted that attorney's fees under I.C. § 72-804 may be awarded if an employer contests a claim for compensation without reasonable grounds, or neglects or refuses within a reasonable time to pay compensation or, without reasonable grounds discontinues payment of…”
Anderson v. Harper's, Inc., 141 P.3d 1062 (Idaho 2006). “The Commission also awarded Claimant attorney fees under Idaho Code § 72-804 . Harper’s, Inc., and its surety, Liberty Northwest Insurance Corporation, timely appealed, For convenience they will both be referred to as “Surety.”
Vawter v. United Parcel Serv., Inc., 318 P.3d 893 (Idaho 2014). “Idaho Code § 72-804 provides for an award of attorney fees in the event an employer unreasonably denies a claim, or neglects to pay or refuses to pay an injured employee compensation within a reasonable time.”
Royce v. Sw. Pipe of Idaho, 647 P.2d 746 (Idaho 1982). “Attorney fees were also awarded Royce against the surety, pursuant to I.C. § 72-804. The surety filed notice of appeal on November 13, 1979.”
— Idaho Code § 72-804(3) — 1 case
Miklos v. L&W Supply (Idaho 2026).
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