Workers' Compensation

Idaho: Statutory Employer Not Liable for Comp Payments When Injured Worker’s Employment by Direct Employer Deemed “Casual”

Acknowledging that the concept of a statutory employer is to prevent an employer from avoiding liability under the workers’ compensation statutes by sub-contracting the work to others, the Supreme Court of Idaho recently held nevertheless that a statutory employer is not liable for worker's compensation benefits if the claimant's employment falls within the "casual employment" exemption from worker's compensation coverage.  The statutory employer should be liable for compensation in any case where that employer would have been liable for compensation if the employee had been working directly for the employer, indicated the court.  Since the statutory employer would not be liable for the injuries of casual employees, it should not be liable for those casual employees hired on temporarily by the general contractor.

Reported by Thomas A. Robinson, J.D.

LexisNexis Online Subscribers: Citations below link to Lexis Advance. Bracketed citations link to

See Stringer v. Robinson, 2013 Ida. LEXIS 339 (Nov. 27, 2013) [2013 Ida. LEXIS 339 (Nov. 27, 2013)]

See generally Larson’s Workers’ Compensation Law, § 70.01 [70.01]

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.



Special Discount Price $79*; Books shipping now to customers! 


Keep track of how the workers' comp landscape is changing with this 400+ page compendium. Here's what you get: 

  • A 50 state survey at a glance of workers' comp-related legislation, including selected drug bills, with commentary from 27 defense attorneys, 16 claimant's attorneys, and National expert Thomas A. Robinson, stafff writer for Larson's Workers' Compensation Law
  • In-depth analysis and insight on key issues, including exclusive remedy, medical marijuana, opt outs, Affordable Care Act & much more
  • Larson's Spotlight on interesting cases for 2013, written by Thomas A. Robinson

View the brochure & table of contents.

View sample pages.


Order online or contact Christine Hyatt at  ph. 937-247-8166, or Email:



*Price does not include sales tax, shipping or handling. Price subject to change without notice. Discount cannot be combined with other offers. Expires 12/31/2013.

For more information about LexisNexis products and solutions connect with us through our corporate site