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State Statutes - Idaho - Title 72 - Chapter 10 - 72-1016
Idaho Statutes
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72-1016 - LIMITATIONS ON AWARDS
(1) Compensation may not be awarded
unless the claim is filed with the commission within one (1) year after the
day the criminally injurious conduct occurred causing the injury or death upon
which the claim is based. The time for filing a claim may be extended by the
commission for good cause shown.
(2) Compensation may not be awarded to a claimant who is the offender or
an accomplice of the offender or to any claimant if the award would unjustly
benefit the offender or accomplice.
(3) Compensation may not be awarded unless the criminally injurious
conduct resulting in injury or death was reported to a law enforcement officer
within seventy-two (72) hours after its occurrence or the commission finds
there was good cause for the failure to report within that time.
(4) In order to be entitled to benefits under this chapter, a claimant
must fully cooperate with all law enforcement agencies and prosecuting
attorneys in the apprehension and prosecution of the offender causing the
criminally injurious conduct. The commission, upon finding that the claimant
or victim has not fully cooperated with appropriate law enforcement agencies
or prosecuting attorneys, may deny or reconsider and reduce an award of
compensation.
(5) Compensation otherwise payable to a claimant shall be reduced or
denied to the extent the compensation benefits payable are or can be recouped
from collateral sources.
(6) Persons serving a sentence of imprisonment or residing in any other
public institution which provides for the maintenance of such person are not
entitled to the benefits of this chapter.
(7) (a) Compensation may be denied or reduced if the victim contributed
to the infliction of death or injury with respect to which the claim is
made. Any reduction in benefits under this subsection shall be in
proportion to what the commission finds to be the victim's contribution to
the infliction of death or injury.
(b) Compensation otherwise payable to a claimant shall be reduced by
fifty percent (50%) if at the time the injury was incurred claimant was
engaged in a felony or was in violation of section 18-8004 or 67-7034,
Idaho Code, and compensation otherwise payable may be further reduced
pursuant to regulation of the industrial commission if claimant's actions
contributed to the injury.
 
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