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Workers' Compensation Subrogation In All 50 States - 5th Edition - Hardcover
Workers' Compensation Subrogation In All 50 States - 5th Edition - Electronic
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§ 11.13 Idaho
§ 11.13[1] Statutory Subrogation Rights
Workers’ compensation subrogation in Idaho is governed by
statute.1 Idaho workers’ compensation is the exclusive remedy for an
employee, providing that the rights and remedies granted to an
employee on account of injury or occupational disease for which he
is entitled to compensation under the workers’ compensation statute
specifically excludes all other rights and remedies of the employee
on account of such injury or disease.2 Idaho’s Workers’
Compensation Act contains strong provisions that allow both an
employee and an employer or workers’ compensation carrier to
pursue a third-party cause of action against a responsible third party.
Section 72-223 provides as follows:
§ 72-223. Third Party Liability.
(1) The right to compensation under this law shall not be
affected by the fact that the injury, occupational disease or
death is caused under circumstances creating in some person
other than the employer a legal liability to pay damages
therefore, such person so liable being referred to as the third
party. Such third party shall not include those employers
described in section 72- 216, Idaho Code, having under them
contractors or subcontractors who have in fact complied
with the provisions of section 72-301, Idaho Code; nor
include the owner or lessee of premises, or other person who
is virtually the proprietor or operator of the business there
carried on, but who, by reason of there being an independent
contractor or for any other reason, is not the direct employer
of the workmen there employed.
(2) Action may be instituted against such third party by the
employee, or in event compensation has been claimed and
awarded, by the employee and employer jointly, in the
employee’s name, or, if the employee refuses to participate
in such action, by the employer in the employee’s name.
(3) If compensation has been claimed and awarded, the
employer having paid such compensation or having become
liable therefore, shall be subrogated to the rights of the
employee, to recover against such third party to the extent of
the employer’s compensation liability.
§ 11.13 Idaho
§ 11.13[1] Statutory Subrogation Rights
§ 11.13[2] Third Parties
§ 11.13[3] Allocation of Third-Party Recovery
§ 11.13[4] Attorneys' Fees and Costs
§ 11.13[5] Credit/Advance
§ 11.13[6] Related Subrogation Issues
§ 11.13[7] Statutes of Limitations
§ 11.13[8] Workers' Compensation in Idaho
Gary Wickert is an insurance trial lawyer and is regarded as one of the world's leading experts on insurance subrogation. He is the author of several subrogation books and legal treatises and is a national and international speaker and lecturer on subrogation and motivational topics. Mr. Wickert is also a politician in Wisconsin, serving his fourth term as Town Supervisor in the Township of Cedarburg. After 15 years as the youngest managing partner in the history of the 30-lawyer Houston law firm of Hughes, Watters & Askanase, L.L.P., he returned to his native Wisconsin in 1998 and co-founded the firm of Matthiesen, Wickert & Lehrer, S.C. He oversees a National Recovery Program which includes a network of nearly 300 contracted subrogation law firms in all 50 states, Mexico, Canada and the United Kingdom and boasts recoveries of more than $500 million in recoveries and credits for more than 250 insurance companies. Gary Wickert is also a commercial fiction author and his latest political thriller, Dark Redemption (Tudor Publishers), is available on Amazon.com.
Licensed in both Texas and Wisconsin, Mr. Wickert is double board-certified in both personal injury law and civil trial law by the Texas Board of Legal Specialization. He is also nationally certified as a Civil Trial Advocate by the National Board of Trial Advocacy (NBTA), for whom he has both written and graded the product liability questions contained on the NBTA national certification exam taken by trial lawyers around the country. For nearly twenty-five years, he has also served as an expert witness on subrogation and insurance related issues and has been consulted by insurance carriers, lawyers, and legislative bodies from several states. He is a licensed arbitrator and has attended more than 750 mediations in more than 30 different states. He is one of only a few lawyers to have ever represented a client before the United States Supreme Court on a subrogation issue, and was named one of Law & Politics and Milwaukee Super Lawyers magazine's Super Lawyers for 2005, 2006, and 2008. For a complete resume on Gary L. Wickert, see Appendix A-13 of this book.
