Idaho Regulations 17.02.03.271

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§ 17.02.03.271 Rule Governing Reporting Indemnity Payments And Making Payment Of Industrial Special Indemnity Fund Assessment.

Pursuant to Section 72-327, Idaho Code, the state insurance fund, every authorized self-insurer, and every surety authorized to transact workers compensation insurance in Idaho shall report semi-annually to the Industrial Commission the total gross amount of indemnity benefits paid on Idaho workers compensation claims during the applicable reporting period.

01. Filing. The report of indemnity payments shall be filed with the Industrial Commission simultaneously with the Semi-Annual Premium Tax Report.

02. Form. The report of indemnity payments shall be submitted in writing on, or in a format substantially the same as Form IC327, Report of Indemnity Payments, contained in Appendix C at the end of this chapter.

03. Report Required When No Indemnity Paid. If an entity required to report under this rule has no claims against which indemnity payments have been made during the reporting period, a report shall be filed so indicating.

04. Penalty for Late Filing. A penalty shall be assessed by the Commission for filing the report of indemnity payments later than March 3 and July 31 each year.

a. A penalty of two hundred dollars ($200) shall be assessed for late filing of seven (7) days or less.


b. A penalty of one hundred dollars ($100) per day shall be assessed for late filing of more than seven (7) days.

c. A penalty assessed by the Commission shall be payable to the Industrial Commission and shall be submitted with the April 1 or September 1 payment of the industrial special indemnity fund assessment, following notice by the Commission of the penalty assessment.

05. Estimating Indemnity Payments for Entities That Fail to Report Timely. If an entity required to report indemnity payments under these rules fails to report within the time allowed in these rules, the Commission will estimate the indemnity payments for that entity by using the indemnity amount reported for the preceding reporting period and adding twenty percent (20%).

06. Adjustment for Overpayments or Underpayments. Overpayments or underpayments, including those resulting from estimating the indemnity payments of entities that fail to report timely, will be adjusted on the billing for the subsequent period.

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