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2018 Idaho Statutes
Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION
Chapter 4 - BENEFITS
Section 72-451 - PSYCHOLOGICAL ACCIDENTS AND INJURIES.
Universal Citation: ID Code § 72-451 (2018)
72-451. PSYCHOLOGICAL ACCIDENTS AND INJURIES. Psychological injuries, disorders or conditions shall not be compensated under this title, unless the following conditions are met:
(1) Such injuries of any kind or nature emanating from the workplace shall be compensated only if caused by accident and physical injury as defined in section 72-102(18)(a) through (18)(c), Idaho Code, or only if accompanying an occupational disease with resultant physical injury, except that a psychological mishap or event may constitute an accident where: (i) it results in resultant physical injury so long as the psychological mishap or event meets the other criteria of this section, and (ii) it is readily recognized and identifiable as having occurred in the workplace, and (iii) it must be the product of a sudden and extraordinary event; and
(2) No compensation shall be paid for such injuries arising from conditions generally inherent in every working situation or from a personnel related action including, but not limited to, disciplinary action, changes in duty, job evaluation or employment termination; and
(3) Such accident and injury must be the predominant cause as compared to all other causes combined of any consequence for which benefits are claimed under this section; and
(4) Where psychological causes or injuries are recognized by this section, such causes or injuries must exist in a real and objective sense; and
(5) Any permanent impairment or permanent disability for psychological injury recognizable under the Idaho worker’s compensation law must be based on a condition sufficient to constitute a diagnosis using the terminology and criteria of the American psychiatric association’s diagnostic and statistics manual of mental disorders, third edition revised, or any successor manual promulgated by the American psychiatric association, and must be made by a psychologist, or psychiatrist duly licensed to practice in the jurisdiction in which treatment is rendered; and
(6) Clear and convincing evidence that the psychological injuries arose out of and in the course of the employment from an accident or occupational disease as contemplated in this section is required.
Nothing herein shall be construed as allowing compensation for psychological injuries from psychological causes without accompanying physical injury.
This section shall apply to accidents and injuries occurring on or after July 1, 1994, and to causes of action for benefits accruing on or after July 1, 1994, notwithstanding that the original worker’s compensation claim may have occurred prior to July 1, 1994.
History:
[72-451, added 1994, ch. 112, sec. 2, p. 259; am. 2006, ch. 206, sec. 6, p. 635.]
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