This Law Firm Publication by Stoel Rives LLP discusses two recent decisions by the Idaho Supreme Court narrowly interpreting an exception to a provision of the Idaho Worker's Compensation Act that generally precludes employees injured in the course of their employment from pursuing common law remedies against their employers. In Barrett v. Hecla Mining Company and Marek v. Hecla Limited, the court held that the exception allowing employees to sue when their injury or death is caused by the employers' "willful or unprovoked physical aggression" does not apply unless the employer willfully or intentionally commits an offensive action or hostile attack aimed at the employee's "bodily integrity." For the exception to apply so that the injured employee can sue outside of worker's compensation, the employee must show that the employer engaged in conduct knowing that injury would result to the employee.