Kearney v. Denker

JOHNSON, Justice.

This is a personal injury case involving an employee who was injured while in the course of her employment. The primary *756issue presented is whether the employee may maintain a civil action against the employer for injuries that were allegedly caused by an intentional tort of the employer during the course of employment. We hold that by filing a claim for worker’s compensation the employee did not waive the right she had to filé this action, that there was no evidence of wilful or unprovoked physical aggression by the employer, and that the Idaho worker’s compensation law does…