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ID S1321

Bill

Status

Passed

3/19/2020

Primary Sponsor

Judiciary and Rules Committee

Click for details

Origin

Senate

2020 Regular Session

AI Summary

  • Amends Idaho Code Section 72-209 to establish that employer liability exemptions do not apply when injury or death is proximately caused by willful or unprovoked physical aggression by the employer, its officers, agents, servants, or employees.

  • Requires clear and convincing evidence that the aggressor either specifically intended to harm the employee or engaged in conduct knowing that injury or death to the employee was substantially likely to occur.

  • Limits loss of exemption to the aggressor alone and does not extend liability to the employer unless the employer provoked or authorized the physical aggression or was a party to it.

  • Makes technical corrections to existing statutory language regarding the exclusiveness of employer liability.

Legislative Description

Amends existing law to provide for a clear standard regarding intent to harm in a case involving physical aggression.

WORKER'S COMPENSATION

Last Action

Session Law Chapter 208 Effective: 07/01/2020

3/19/2020

Committee Referrals

Commerce and Human Resources3/5/2020
Commerce and Human Resources2/13/2020
Judiciary and Rules2/10/2020

Full Bill Text

No bill text available