Kessen v. Boise Cascade Corp.

In this workers’ compensation case involving an altercation at work, claimant appeals from the Board’s order on review, which affirmed and adopted the referee’s opinion and order denying compensation because of the so-called “aggressor defense.” We affirm.

Claimant is a 35-year old truck driver. Although employer’s drivers are not always assigned particular shifts, claimant generally worked nights during the period of this incident. At 5 p.m. on the evening in question, claimant reported to work at employer’s Independence truck terminal. After signing in and receiving his dispatch…