Heese v. a & T TRUCKING

BAKES, Chief Justice.

This worker’s compensation appeal centers on the constitutionality and application of I.C. § 72-210, which provides:

“72-210. EMPLOYER’S FAILURE TO INSURE LIABILITY. — If an employer fails to secure payment of compensation as required by this act, an injured employee, or one contracting an occupational disease, or his dependents or legal representative in case death results from the injury or disease, may claim compensation under this law and shall be awarded, in addition to compensation, an amount equal to ten per cent (10%) of the total amount of his compensation…