Panhandle Lumber Co., 34 Idaho 773, 203 P. This declaration of the purpose of the worker's compensation system in Idaho states that "sure and certain relief for injured workmen and their families and dependents is hereby provided regardless of questions of fault and to the exclusion of every other remedy, proceeding or compensation, except as is otherwise provided in this act."įor almost seventy years this Court has adhered to the principle that the worker's compensation law should be liberally construed in favor of the claimant in order to effect the object of the law and to promote justice. The statutory basis for the principle of liberal construction of the worker's compensation laws in favor of claimants is I.C. She contends that the Commission's order denying the travel allowance, which states that the statute should be strictly interpreted, is contrary to the rule that the worker's compensation statutes should be liberally construed in favor of a claimant. Haldiman argues that while the statute does not expressly authorize additional mileage expense, it does not expressly limit the retraining award to only temporary disability benefits. Haldiman asserts that this statute should be liberally construed in favor of an employee to provide an allowance for travel to and from the place of retraining. The period of retraining shall be fixed by the commission but shall not exceed fifty-two (52) weeks unless the commission, following application and hearing, deems it advisable to extend the period of retraining, in which case the increased period shall not exceed fifty-two (52) weeks. Following a hearing or informal conference upon motion of the employer, the employee or its own motion, if the commission deems a permanently disabled employee, after the period of recovery, is receptive to and in need of retraining in another field, skill or vocation in order to restore his earning capacity, it may authorize or order such retraining and during the period of retraining or any extension thereof, the employer shall continue to pay the disabled employee, as a subsistence benefit, temporary total or temporary partial disability benefits as the case may be. § 72-450 IS ENTITLED TO BE FURNISHED BY THE EMPLOYER WITH REASONABLE TRAVEL ACCOMMODATIONS TO AND FROM THE FACILITY APPROVED BY THE COMMISSION FOR RETRAINING. Haldiman appealed this ruling.ĪN EMPLOYEE FOR WHOM RETRAINING IS AUTHORIZED OR ORDERED UNDER I.C. § 72-450 does not contemplate an additional allowance for travel. Haldiman and AFF petitioned the Commission requesting that the Commission determine whether the retraining benefits awarded would include payment for Haldiman's travel to and from the place of retraining. The Commission retained jurisdiction of the case to determine if Haldiman had any permanent partial disability in excess of her permanent physical impairment after she completed retraining. The Industrial Commission awarded Haldiman benefits for total temporary disability and permanent physical impairment due to the injury and awarded her retraining benefits for a period not to exceed fifty-two weeks under the provisions of I.C. Gisela Haldiman was injured while working for American Fine Foods (AFF). ![]() We vacate the order denying a travel allowance and remand to the Commission to determine whether the retraining facility was approved. We hold that the employee is entitled to have the employer furnish reasonable travel accommodations *188 to and from the retraining facility approved by the Commission. ![]() § 72-450 is entitled to an additional allowance for the expense of traveling to and from her place of retraining. The sole issue presented is whether an employee for whom retraining has been authorized or ordered pursuant to I.C. Moffatt, Thomas, Barrett, Rock & Fields, Boise, for defendants-respondents. ![]() Goicoechea Law Office, Boise, for claimant-appellant. 793 P.2d 187(1990) 117 Idaho 955 Gisela HALDIMAN, Claimant-Appellant,ĪMERICAN FINE FOODS, Employer, and Employers Fire Insurance Co., Surety, Defendants-Respondents.
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