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State Statutes - Idaho - Title 72 - Chapter 2 - 72-209
Idaho Statutes
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72-209 - EXCLUSIVENESS OF LIABILITY OF EMPLOYER
(1) Subject to the
provisions of section 72-223, [Idaho Code] the liability of the employer under
this law shall be exclusive and in place of all other liability of the
employer to the employee, his spouse, dependents, heirs, legal representatives
or assigns.
(2) The liability of an employer to another person who may be liable for
or who has paid damages on account of an injury or occupational disease or
death arising out of and in the course of employment of an employee of the
employer and caused by the breach of any duty or obligation owed by the
employer to such other person, shall be limited to the amount of compensation
for which the employer is liable under this law on account of such injury,
disease, or death, unless such other person and the employer agree to share
liability in a different manner.
(3) The exemption from liability given an employer by this section shall
also extend to the employer's surety and to all officers, agents, servants and
employees of the employer or surety, provided that such exemptions from
liability shall not apply in any case where the injury or death is proximately
caused by the wilful or unprovoked physical aggression of the employer, its
officers, agents, servants or employees, the loss of such exemption applying
only to the aggressor and shall not be imputable to the employer unless
provoked or authorized by the employer, or the employer was a party thereto.
 
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