Employers may be liable for workplace injuries aggravated by employee conduct

On May 18, 2022, the Idaho Supreme Court clarified the scope of an employer’s liability for workplace injuries under the Idaho Workers’ Compensation Act (WCA). Specifically, the court adopted a new standard for determining whether an employer faces liability for workplace injuries that the employee’s off-work conduct may have aggravated.

Background

The WCA requires nearly all employers to insure employees against work-related injuries. It expressly intends to provide “sure and certain relief for injured workmen and their families” in the form of disability benefits—namely, wage replacement and medical benefits. A work-related injury that falls within its scope is considered a “compensable injury.” An employee with a compensable injury may receive temporary or permanent disability benefits from their employer depending on the length and severity of the disability.

But what if the employee’s subsequent conduct aggravates the injury? Does an employer face additional liability for the aggravation of it? The Idaho Supreme Court addressed these issues in its ruling.

Facts

In August 2015, Daniel Sharp injured his back while working as a plumber for Thomas Brothers Plumbing (TBP). After undergoing back surgery for the injury, he complained of persistent pain in both legs and his lower back. He is 5’6” tall and, at the time of his injury, weighed 250 pounds.