STATEMENT OF PURPOSE
RS27612 / S1321
The purpose of this legislation is to add language to 72-209 I.C. to clarify the intent of the Idaho Legislature
with respect to the "exclusive remedy" in worker's compensation. The Idaho Supreme Court has recently noted
that there is a lack of clarity as to when a claim for compensation for a workplace accident may go outside of the
worker's compensation process to file a regular tort claim. The Court specifically noted that the Legislature did
not define the term "willful or unprovoked physical aggression". Previously it was understood that only those
claims that could demonstrate an intention to commit harm to an employee were exempt from the exclusive
remedy in the worker's compensation system. The Court invited the Legislature to clarify the language of
the statute. The language noted in this bill will preserve the integrity and balance of the "Grand Bargain" of
worker's compensation in Idaho.
FISCAL NOTE
There is no fiscal impact to state or local government budgets. The language is only clarifying boundaries of
when an individual may file a tort claim for a workplace incident.
Contact:
Alex LaBeau
Idaho Association of Commerce & Industry
(208) 867-5409
Senator Todd M. Lakey
(208) 332-1328
DISCLAIMER: This statement of purpose and fiscal note are a mere attachment to this bill and prepared by a proponent
of the bill. It is neither intended as an expression of legislative intent nor intended for any use outside of the legislative
process, including judicial review (Joint Rule 18).
Statement of Purpose / Fiscal Note Bill SOP/FN INTRODUCED: 02/10/2020, 3:45 PM


Statutes affected:
Bill Text: 72-209
Engrossment 1: 72-209