The Industrial Commission Has Exclusive Jurisdiction

By Fred Lewis and George Casper

This post is relatively simple to comprehend: The Idaho Industrial Commission has the exclusive right and duty to assess fault in cases that are tied to worker’s compensation claim. There are many previous cases and many entries in the Idaho Code that highlight this truth. Here are a few examples:

• Idaho Code 72-707 states, “All questions arising under this law [about who has fault]… shall be determined by the commission”. This law also states the Industrial Commission has exclusive jurisdiction of all questions arising under worker’s compensation law; this includes subrogation claims.

• Idaho Code 72-201 and Brannon v. Pike 112 Idaho 938 (1987) give the Idaho Industrial Commission a broad authority over all civil actions as they touch and concern personal injuries. This jurisdiction has been described as a “uniquely broad grand of original and exclusive jurisdiction over worker’s compensation matters” Id. at 940.

• The Idaho Supreme Court has specifically stated that the Industrial Commission has “exclusive jurisdiction to determine subrogation rights of the SIF (State Insurance Fund) where a worker also receives from a third party.” Van Tine v. Idaho State Insurance Fund, 126 Idaho 688, 690 (1994); Williams v. Blue Cross of Idaho, 151 Idaho 515, 519 (2011).

 

As you can see, there is clearly plenty of precedent regarding this issue. The establishment of the Industrial Commission as the only Court that can decide issues that involve any issue between an injured worker his employer and their insurance company is clear.

Call Racine Olson

When seriously injured in a workplace accident, it can be devastating to you, your friends and family, and your finances. You need a passionate and experienced Idaho Worker’s Compensation attorney to help you navigate through the process. If you have been injured at your workplace, you are certainly entitled to benefits under Idaho Worker’s Compensation Law. Call our office today at (208) 232-6101. We answer all your questions for free.

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