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H0545...........................................................by LANGFORD
WORKER'S COMPENSATION - Amends existing law to govern application of
worker's compensation when an employer is guilty of gross negligence.
01/27 House intro - 1st rdg - to printing
01/28 Rpt prt - to Com/HuRes
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 545
BY LANGFORD
1 AN ACT
2 RELATING TO WORKER'S COMPENSATION; AMENDING SECTION 72-209, IDAHO CODE, TO
3 PROVIDE AN ADDITIONAL CONDITION GOVERNING LIABILITY OF AN EMPLOYER AND
4 PROCEDURES FOR IMPLEMENTATION AND TO MAKE TECHNICAL CORRECTIONS.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 72-209, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 72-209. EXCLUSIVENESS OF LIABILITY OF EMPLOYER. (1) Subject to the provi-
9 sions of section 72-223, Idaho Code, the liability of the employer under this
10 law shall be exclusive and in place of all other liability of the employer to
11 the employee, his spouse, dependents, heirs, legal representatives or assigns.
12 (2) The liability of an employer to another person who may be liable for
13 or who has paid damages on account of an injury or occupational disease or
14 death arising out of and in the course of employment of an employee of the
15 employer and caused by the breach of any duty or obligation owed by the
16 employer to such other person, shall be limited to the amount of compensation
17 for which the employer is liable under this law on account of such injury,
18 disease, or death, unless such other person and the employer agree to share
19 liability in a different manner.
20 (3) The exemption from liability given an employer by this section shall
21 also extend to the employer's surety and to all officers, agents, servants and
22 employees of the employer or surety, provided that such exemptions from lia-
23 bility shall not apply in any case where the injury or death is proximately
24 caused by the wilful willful or unprovoked physical aggression of the
25 employer, its officers, agents, servants or employees, the loss of such exemp-
26 tion applying only to the aggressor and shall not be imputable to the employer
27 unless provoked or authorized by the employer, or the employer was a party
28 thereto.
29 (4) Provided in addition, that such exemption from liability shall not
30 apply in any case in which the gross negligence of the employer, its officers,
31 agents, servants, or employees was the proximate cause of the injury.
32 (5) Any action brought successfully pursuant to subsection (3) or (4) of
33 this section shall subject the employer to the provisions for third party lia-
34 bility in section 72-223, Idaho Code.
35 (6) Nothing in this section shall affect a worker's compensation surety's
36 right to recover as outlined in this chapter, including a right to recover
37 from the employer for liability based upon subsection (3) or (4) of this sec-
38 tion.
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STATEMENT OF PURPOSE
RS 13793
The purpose of this legislation is to amend Section 72-209,
Idaho Code to allow a worker or his/her heirs who has an injury
or suffers death covered by the workers'compensation law to also
file a civil action in tort to recover damages from an employer
whose gross negligence or willful physical aggression has
resulted in the death or injury of the worker.
This legislation further provides that a workers'
compensation surety may recover from an employer found liable due
to gross negligence or willful physical aggression in the same
manner as a third party under Section 72-223, Idaho Code.
FISCAL IMPACT
There is no fiscal impact to the general fund of the State of
Idaho.
Contact
Name: Representative Eulalie Langford
Senator Cecil Ingram
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 545