Administering Idaho's Workers' Compensation Law

Welcome!

The Industrial Commission is the state agency responsible for:

  • Regulating workers' compensation activities in Idaho, including companies licensed to issue workers' compensation policies.
  • Ensuring that employers have workers' compensation coverage as required by law.
  • Settling disputes between injured workers, employers, and insurers.
  • Deciding appeals for unemployment decisions from the Idaho Department of Labor.
  • Providing compensation to innocent victims of crime through the Crime Victims Compensation Program.

Next Advisory Committee Meeting (11/10/15)

NOTICE:

The next meeting of the Commission's Advisory Committee is scheduled to be held November 10, 2015 beginning at 9:30 AM in the Industrial Commission's first floor conference room, 700 Clearwater Lane, Boise, Idaho.

Scheduled Advisory Committee Meetings:
  • November 10, 2015
  • February 10, 2016
  • May 11, 2016
  • August 10, 2016
  • November 9, 2016

 

Updated 8/14/15

Annual Workers' Comp Seminar: Early Bird Registration is Now Open! (Agenda Posted: 8/19/15)

NOTICE:

Please visit the following links to register, and get more information on this year's annual seminar. More details on speakers and the agenda coming soon. Early Birds receive a $20 discount if registered on or before Oct. 1, 2015!

  • Click here to visit the updated Seminar home page.
  • Click here to visit the registration/payment page.
  • Click here to check out the agenda.
  • Click here for more information on this year's speakers.
  • Click here for Seminar FAQ's.

 

Updated 8/19/15

NOTICE:

17.05.07.011.15 is effective as of July 1, 2015

Effective July 1, 2015, under the Idaho Administrative Procedures Act (IDAPA) Rule 17.05.01.011.15, relating to the administration of the Crime Victims Compensation Program, all bills for treatment and sexual assault forensic examinations must be submitted for payment consideration within two (2) years from the date of treatment or the date of Program eligibility, whichever is later.  Bills submitted outside of these time frames will be denied.

For more information, click here to visit the CVCP website.

 

Updated 7/1/15

2016 Negotiated Rulemaking (7/1/15)

2016 Legislative Session: Notices of Intent to Promulgate - Negotiated Rulemaking

(Please check back for up-to-date information)

  • 17-0210-1501   Administrative Rules of the Industrial Commission Under the Workers' Compensation Law -- Security for Compensation -- Insurance Carriers
  • 17-0211-1501   Administrative Rules of the Industrial Commission Under the Workers' Compensation Law -- Security for Compensation -- Self-Insured Employers

Temporary Rule 17-0209-1503 (NEW-7/1/15)

  • The Industrial Commission adopted a Temporary Rule that became effective July 1, 2015, affecting payment for hospital outpatient and ambulatory surgery center (ASC) services.
  • The Temporary Rule delays implementation of the new Comprehensive Ambulatory Payment Classification (C-APC) codes finalized by Centers for Medicare & Medicaid Services (CMS) on October 31, 2014.  The Commission will extend the use of the 2014 OPPS Relative Weights until further notice. 

Please contact Patti Vaughn, for further information at (208) 334-6084.

 

Updated 7/1/15

FY2015 Strategic Plan (7/1/15)

NOTICE:

The FY15 Strategic Plan has been posted.

The PDF version is available here, or at the "Find a publication" link here.

If you have any questions, please contact Dara Barney.

 

Updated 7/1/15

Public Meeting Notice, Medical Fees (MET 6/17/15)

NOTICE: Public Meetings

Session 2: June 17, 2015 at 2 p.m.

IDAPA 17 – Industrial Commission
17.02.09 – Medical Fees
Docket No. 17-0209-1502

 

METHOD OF PARTICIPATION: Per the May 6, 2015 edition of the Idaho Administrative Bulletin; interested persons wishing to participate in the negotiated rulemaking are encouraged to RSVP to the “Notice of Intent to Promulgate Rules – Negotiated Rulemaking” by contacting the undersigned either in writing, by email, or by calling the phone number listed below. Further information can be found here.

  • Commission Secretary Beth Kilian at beth.kilian@iic.idaho.gov
  • Director Mindy Montgomery at (208) 334-6000
  • Via fax at (208) 334-2321
  • Boise main office address at 700 S. Clearwater Lane, PO Box 83720 (ZIP: 83720)

The public meeting will take place June 17, 2015 at 2 p.m. at the Commission’s main office in Boise. All written comments will be copied and distributed.

CLICK HERE FOR THE AGENDA

For assistance on technical questions concerning this negotiated rulemaking, contact Patti Vaughn, Medical Fee Schedule Analyst, at patti.vaughn@iic.idaho.gov or (208) 334-6084.

 

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Session 1: June 2, 2015 at 2 p.m.

IDAPA 17 – Industrial Commission
17.02.09 – Medical Fees
Docket No. 17-0209-1502

 

METHOD OF PARTICIPATION: Per the May 6, 2015 edition of the Idaho Administrative Bulletin; interested persons wishing to participate in the negotiated rulemaking must respond to the “Notice of Intent to Promulgate Rules – Negotiated Rulemaking” by contacting the undersigned either in writing, by email, or by calling the phone number listed below. To participate, responses must have been received by May 27, 2015. When contacting the Commission, please list whether you are interested in physician or hospital services. Further information can be found here.

  • Commission Secretary Beth Kilian at beth.kilian@iic.idaho.gov
  • Director Mindy Montgomery at (208) 334-6000
  • Via fax at (208) 334-2321
  • Boise main office address at 700 S. Clearwater Lane, PO Box 83720 (ZIP: 83720)

The public meeting will take place June 2, 2015 at 2 p.m. at the Commission’s main office in Boise. All written comments will be copied and distributed.

CLICK HERE FOR THE AGENDA

For assistance on technical questions concerning this negotiated rulemaking, contact Patti Vaughn, Medical Fee Schedule Analyst, at patti.vaughn@iic.idaho.gov or (208) 334-6084.

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ADDITIONAL MATERIALS TO BE DISTRIBUTED AT THE MEETING:

 

Updated 6/12/15

Public Meeting Notice, Benefits & EDI (MET 6/11/15)

NOTICE: Public Meeting

June 11, 2015 at 1:30 p.m.

IDAPA 17 – Industrial Commission
17.02.06 – Employers' Reports, Docket No. 17-0206-1501
17.02.07 – Procedures to Obtain Compensation, Docket No. 17-0207-1501
17.02.08 – Miscellaneous Provisions, Docket No. 17-0208-1501
17.02.10 – SEC – Insurance Carriers, Docket No. 17-0210-1501
17.02.11 – SEC – Self-Insured Employers, Docket No. 17-0211-1501

 

METHOD OF PARTICIPATION: Per the May 6, 2015 edition of the Idaho Administrative Bulletin; interested persons wishing to participate in the negotiated rulemaking must respond to the “Notice of Intent to Promulgate Rules – Negotiated Rulemaking” by contacting the undersigned either in writing, by email, or by calling the phone number listed below. To participate, responses must have been received by May 27, 2015.

  • Commission Secretary Beth Kilian at beth.kilian@iic.idaho.gov
  • Director Mindy Montgomery at (208) 334-6000
  • Via fax at (208) 334-2321
  • Boise main office address at 700 S. Clearwater Lane, PO Box 83720 (ZIP: 83720)

The public meeting will take place June 11, 2015 at 1:30 p.m. at the Commission’s main office in Boise. All written comments will be copied and distributed.

CLICK HERE FOR THE AGENDA

 

Updated 6/10/15

Guidance Memorandum on Deductible Policies (6/15/15)

(Updated 8/28/15)

FY2014 Annual Report (6/5/15)

NOTICE:

The FY14 Annual Report has been posted.

The PDF version is available here, or at the "Find a publication" link here.

If you have any questions, please contact Dara Barney.

 

Updated 6/5/15

2015 NCCI Rates (6/1/15)

NOTICE:

The NCCI Rates for 2015 are posted.

The rates are available here, or at the "Find a form" link here.

ADDITIONAL INFORMATION: Rates in DEV. Rate columns are to be used for the June 30, 2015 and December 31, 2015 IC-4010A Premium Tax Reports. The rates are not to be rounded and they are to be carried out 5 decimal places. 

If you have any questions, please contact Therese Ryan or Shelly Tudela.

 

Updated 6/1/15

NOTICE:

Amendments to Idaho Appellate Rule 11 and Adoption of New Idaho Appellate Rule 12.3:

Effective July 1, 2015:

Please visit this link to review the full order, released by the Idaho Supreme Court April 23, 2015

 

Updated 5/11/15

EDI Claims Release 3.0 (4/6/15)

DISCLAIMER NOTICE (4/16/15):

The most current version of the Commission's EDI Claims Release 3.0 and its supporting technical tables are now available.

The documents are substantially complete, but are still in development and should NOT be relied upon for programming purposes.

 
  • Please click here for the EDI Claims Release 3.0: Implementation Guide, Tables and Supporting documents.

NOTICE:

Records Request Procedures Update:

Effective January 1, 2015:

Procedures for requesting workers’ compensation claim records on claims closed by the Commission prior to January 1, 2004 have changed. A secondary, specialized records request form, the RMR-6, will be used to request closed workers’ compensation claim records that are maintained on microfilm. 

Please click here to view the updated RMR-1, here for the updated RMR-4 and here to view instructions and the accompanying new form, RMR-6, regarding closed microfilmed claim files.

Direct form links are available here (UPDATED 3/15):

Please feel free to contact the Records Department at (208) 334-6000, should any questions arise.

News for Insurance Companies (8/26/14)

NOTICE:

Change to Application of 30% Penalty In Medical Fee Disputes

For all Motions filed on or after October 1, 2014, unless the payer demonstrates, by timely response to the provider’s Motion, that the payer’s previous payment is adequate, the penalty will now be applied to the underpayment owed at the time the Motion was filed.  Payments issued after the filing of the Motion may be deducted from the ordered amount, but will not reduce the penalty. For more information, click here.

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Other news:

On April 7, 2011, the Idaho Industrial Commission stopped mailing premium tax forms to sureties, as this form is now available online. An informational letter was mailed June 7, 2011. Companies must print and submit the completed forms for the semi-annual period January 1, 2011 through June 30, 2011. All reports and payments must be received in our office by close of business on Monday, August 1. Failure to meet this deadline will result in the assessment and collection of penalties provided by law.

On June 8, 2012, the Idaho Industrial Commission sent notices regarding the Premium Tax Rate Reduction to Insurance Companies Approved to Write Workers' Compensation Under Idaho Law. The report and tax payment must be received in our office by July 31, 2012.

 

Updated 8/26/14

NOTICE:

This is an important notice of a temporary and proposed rule recently adopted by the Commission and approved by the Division of Financial Management and Governor’s office, effective July 1, 2014.  Please click here for a copy of the entire IDAPA rule 17.02.11 governing self-insured employers.  New language is underlined; pages 2 and 3 are a result of the statute change (IC §72-301A) last session specific to INL contractors.  The new language on pages 6 and 7 relates to the application of an experience modification factor for premium tax assessment.

Under Idaho Code §72-523, every self-insurer pays a premium tax (currently 2%) based on the premium the employer would be required to pay to the State Insurance Fund (SIF) if the employer had obtained a workers’ compensation insurance policy from the SIF. 

The SIF applies an experience modification factor (e-mod) when calculating premiums.  Historically, the Industrial Commission has not considered an e-mod when computing premium tax for self-insured employers, but the proposed changes may affect how self-insured employers’ premium tax is computed.  This change will be effective beginning with the 2014 reporting periods of July 31, 2014 and March 3, 2015.  As a result of this rule change, self-insured employers may decide annually whether to submit an NCCI experience modification factor and form with their semiannual premium tax reports.  Accordingly, the employer must obtain a current e-mod factor from NCCI for each calendar year they wish to use it in their premium tax calculation. 

It is important to note, however, that Idaho Code §72-526 requires timely payment of premium tax.  Since the initial reporting due date of July 31, 2014 for the Jan. 1-June 30, 2014 period is fast-approaching, and the fact that NCCI may require up to 45 days lead time to process and issue an e-mod factor, the Commission has further decided to allow self-insured employers to submit an e-mod factor issued by NCCI with a copy of the ERM-6 form, within 90 days following the July 31, 2014 filing deadline.  As a result, the Commission will compute the impact to premium tax paid by a self-insured employer had an e-mod been applied and refund any difference.  This is only being allowed for the July 31, 2014 reporting period and any future election of an e-mod must be submitted with a copy of the NCCI form ERM-6, the premium tax and computation forms, as indicated in rule.

Please click here for the ERM-6 form link on the NCCI website. Users do NOT need a user ID and password to view/print this form. A $75 check for the experience rating fee should be submitted with the ERM-6 form; information from the check is used to create the self-insured account.   

NCCI Customer Service may be reached at 1(800)622-4123, ext. 4 for experience modification factor assistance.

If you have questions regarding any of this information, please contact the Idaho Industrial Commission fiscal department: Jane McClaran at (208) 334-6042, Therese Ryan at (208)334-6095 or Shelly Tudela at (208)334-6026.

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Premium Tax Rate Deduction:

Per Idaho Code §72-523, the premium tax rate effective January 1, 2012 through December 31, 2015 has been reduced by 20% from 2.5% to 2.0%. The online premium tax form reflects this change for the semi-annual period January 1, 2012 through June 30, 2012. All reports and payments must be received in our office by close of business July 31, 2012. An informational letter was mailed April 3, 2012.

On April 7, 2011, the Idaho Industrial Commission stopped mailing reporting forms. These forms, as well as the NCCI rates, are now available online. Companies must print and submit the completed forms and tax payment for each six-month period.

 

Updated 7/10/14

 

NOTICE:

A new exemption from the insurance requirement of the Workers’ Compensation Law will go into effect on July 1, 2014. 

Idaho Code § 72-212(4) was amended during the 2013 legislative session to exempt family member employees of a single member limited liability company that is taxed as a sole proprietorship. The exemption applies only to family members residing in the employer’s household.  Family member employees who meet the criteria to be exempt under the new exemption will not be covered under their employer’s workers’ compensation insurance policy as of July 1, 2014 unless an IC52 Election of Coverage form is filed with the Industrial Commission by the employer and the employer’s workers’ compensation insurance carrier.  For additional information on the exemption, contact the Employer Compliance Department by phone at 208-334-6000 or by email to suretyrequest@iic.idaho.gov.

 

Updated 7/1/14

News for Attorneys

JUDICIAL RULES OF PRACTICE AND PROCEDURE

For a copy of the Judicial Rules, effective May 8, 2013, please click the link below.

New Workers' Compensation Policy Reporting Requirements

Effective August 1, 2013, the Idaho Industrial Commission will begin receiving Idaho workers’ compensation insurance policy data from the National Council on Compensation Insurance (NCCI) in the IAIABC EDI POC Release 3.0 format. This change will affect what insurance carriers are required to report to NCCI.

Some of the key changes coming in Release 3.0 are the addition of data elements to identify deductible policies, professional employer organization (PEO) and client company relationships, state premium, as well as the addition of several new cancellation reasons including “failure to submit payroll information”. A copy of the data element requirements, event tables and edit matrix are available on the Commission’s website. Also, please refer to NCCI’s Proof of Coverage Circular, POC-ID-2013-0, which is available on NCCI’s website at www.ncci.com for additional instructions on the requirements for Proof of Coverage Release 3.0.

The administrative rules of the Industrial Commission require that new policies, renewal policies, reinstatements and endorsement information must be reported to NCCI within 30 days of the effective date. Cancellations and non-renewals must be reported to NCCI within the time frames required by Idaho Code §72-311.

If you have any questions regarding the new reporting requirements, please contact Evan Sailor, Employer Compliance Manager, Idaho Industrial Commission, at (208) 334-6099 or by email at Evan.Sailor@iic.idaho.gov.

 

Updated 3/13