2005 Idaho Code - 72-1375 — PROTECTION OF RIGHTS AND BENEFITS

                                  TITLE  72
                      WORKER'S COMPENSATION AND RELATED
                        LAWS -- INDUSTRIAL COMMISSION
                                  CHAPTER 13
                           EMPLOYMENT SECURITY LAW
    72-1375.  PROTECTION OF RIGHTS AND BENEFITS. (1) Any agreement to waive,
release, or commute any right to benefits or other rights under this chapter
shall be void. Any agreement by any individual performing services for a
covered employer to pay all or any portion of any contributions or penalties
required under this chapter from such employer, shall be void. No covered
employer shall directly or indirectly make or require or accept any deduction
from wages to finance the contributions required from him, require or accept
any waiver of any right under this chapter by any individual rendering service
for him, discriminate in regard to the hiring or tenure of work or any term or
condition of work of any individual on account of his claiming benefits under
this chapter, or in any manner obstruct or impede the claiming of benefits.
Any employer or officer or agent of an employer who violates any provision of
this subsection shall, for each offense, be guilty of a misdemeanor.
    (2)  No individual claiming benefits shall be charged fees or costs of any
kind in any proceeding under this chapter by the commission, the director, any
of its or his employees or representatives, or by any court or any officer
thereof, except that a court may assess costs if the court determines that the
proceedings have been instituted or continued without reasonable ground. Any
individual claiming benefits in any proceeding before the department, the
commission, or a court may be represented by counsel or other duly authorized
agent. Any person who violates any provision of this subsection shall, for
each such offense, be guilty of a misdemeanor.
    (3)  Any assignment, pledge, or encumbrance of any right to benefits which
are or may become due or payable under this chapter shall be void; and such
rights to benefits shall be exempt from levy, execution, attachment, or an
order for the payment of attorney's fees. Benefits received by any individual,
so long as they are not mingled with other funds of the recipient, shall be
exempt from any remedy whatsoever for the collection of debts. Any waiver of
any exemption provided for in this subsection shall be void.
    (4)  The provisions of this section shall not apply to any action taken
pursuant to section 72-1365(2), Idaho Code.