(22) "Occupational diseases."
(a) "Occupational disease" means a disease due to the nature of an employment in which the hazards of such disease actually exist, are characteristic of, and peculiar to the trade, occupation, process, or employment, but shall not include psychological injuries, disorders or conditions unless the conditions set forth in section 72-451
, Idaho Code, are met.
(b) "Contracted" and "incurred," when referring to an occupational disease, shall be deemed the equivalent of the term "arising out of and in the course of" employment.
(c) "Disablement," except in the case of silicosis, means the event of an employee’s becoming actually and totally incapacitated because of an occupational disease from performing his work in the last occupation in which injuriously exposed to the hazards of such disease; and "disability" means the state of being so incapacitated.
(d) "Disablement," in the case of silicosis, means the event of first becoming actually incapacitated, because of such disease, from performing any work in any remunerative employment; and "disability" means the state of being so incapacitated.
(e) "Silicosis" means the characteristic fibrotic condition of the lungs caused by the inhalation of silicon dioxide (SiO2) dust.
2. Idaho Code § 72-438
provides a non-exclusive list of occupational diseases covered under Idaho law. The list is not intended to be exclusive, and the statute expressly recognizes that there are a wide range of toxic substances that can lead to disease. The statute makes clear, however, that the disease cannot be one that is common to the public but rather is unique to the employment, occupation, trade, etc . . . of the worker.
3. The disease must actually be incurred on the job and within one year after the last injurious exposure. In the case of silicosis, the disease must occur within four years of the last injurious exposure. Idaho Code § 72-439.
4. The key to the compensability of an occupational disease is the existence of a risk for the disease within the employment that is peculiar to the occupation. It is not necessary for the risk of the disease to arise exclusively from the employment. Rather, it is sufficient if the nature of the employment makes it possible to differentiate its risks from the risks experienced by the public generally. Bowman v. Twin Falls Const. Co., 99 Idaho 312, 581 P.2d 770 (1978).
Assuming the existence of such a link, the worker must show that they have become actually and totally incapacitated as a result of the disease from performing their work in the last occupation where the injurious exposure occurred.
OCCUPATIONAL DISEASES.[EFFECTIVE UNTIL JULY 1, 2021]
Compensation resulting from the following diseases:
14Poisoning by lead, mercury, arsenic, zinc, or manganese, their preparations or compounds in any occupation involving direct contact there- with, handling thereof, or exposure thereto.
15Carbon monoxide poisoning or chlorine poisoning in any process or occupation involving direct exposure to carbon monoxide or chlorine in buildings, sheds, or enclosed places.
16Poisoning by methanol, carbon bisulphide, hydrocarbon distillates (naphthas and others) or halogenated hydrocarbons, or any preparations con- taining these chemicals or any of them, in any occupation involving direct contact therewith, handling thereof, or exposure thereto.
17Poisoning by benzol or by nitro, amido, or amino-derivatives of benzol (dinitro-benzol, anilin and others) or their preparations or compounds in any occupation involving direct contact therewith, handling thereof, or exposure thereto.
18Glanders in the care or handling of any equine animal or the carcass of any such animal.
19Radium poisoning by or disability due to radioactive properties of substances or to roentgen ray (X-ray) in any occupation involving direct contact therewith, handling thereof, or exposure thereto.
20Poisoning by or ulceration from chromic acid or bichromate of am- monium, potassium, or sodium or their preparations, or phosphorus prepara- tions or compounds, in any occupation involving direct contact therewith, handling thereof, or exposure thereto.
21Ulceration due to tar, pitch, bitumen, mineral oil, or paraffin, or any compound product, or residue of any of these substances, in any oc- cupation involving direct contact therewith, handling thereof, or exposure thereto.
22Dermatitis venenata, that is, infection or inflammation of the skin, furunculosis excepted, due to oils, cutting compounds, lubricants, liquids, fumes, gases, or vapors in any occupation involving direct contact therewith, handling thereof, or exposure thereto.
23Anthrax occurring in any occupation involving the handling of or exposure to wool, hair, bristles, hides, skins, or bodies of animals either alive or dead.
24Silicosis in any occupation involving direct contact with, handling of, or exposure to dust of silicon dioxide (SiO2).
25Cardiovascular or pulmonary or respiratory diseases of a fire- fighter, employed by or volunteering for a municipality, village or fire district as a regular member of a lawfully established fire department, caused by overexertion in times of stress or danger or by proximate exposure over a period of four (4) years or more to heat, emical fumes or other toxins