Ronnel e. Barrett v. Hecla Mining Co, 161 Idaho 205

Background

On November 16, 2011 a rock burst occurred at the Lucky Friday Mine (5900 level). Hecla halted operations, notified MSHA, hired a rock-mechanics expert (Blake), and devised a two-phase rehabilitation plan approved by MSHA.
Phase 1 (bolts, mesh, shotcrete) was completed December 1, 2011; Phase 2 (steel liners) was delayed until liners arrived December 12. Work resumed to install liners beginning December 14, 2011.
Appellants (miners) were assigned to install the steel liner on December 14; a rock burst that evening injured them.
Appellants sued alleging Hecla knowingly exposed them to a dangerous area and committed “willful or unprovoked physical aggression,” seeking to avoid the Idaho Worker’s Compensation Act (IWCA) exclusivity bar.
The district court granted Hecla summary judgment, concluding the conduct at most showed negligence and there was no evidence Hecla specifically intended to harm employees or had actual knowledge a rock burst would occur.
On appeal the Idaho Supreme Court affirmed, reasoning the IWCA exclusivity exception for "willful or unprovoked physical aggression" was not met by the record.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether IWCA exclusivity is displaced by the §72-209(3) exception for "willful or unprovoked physical aggression"	Hecla knew pillar was unstable and likely to burst, yet ordered miners into the area — this is willful/unprovoked aggression and defeats exclusivity	No evidence Hecla specifically intended harm or actually knew a rock burst would occur; actions amount to negligence only, so IWCA exclusivity applies	Held for Hecla: exclusivity bars the tort claims because plaintiff failed to show specific intent or actual knowledge that injury would occur
What standard governs "willful" vs "unprovoked" physical aggression	Appellants rely on a broad formulation that exposing employees to a known dangerous condition can satisfy the exception	Court (following Marek) requires either: (a) specific intent to injure (willful) or (b) actual knowledge or conscious disregard that injury would result (unprovoked)	Court applies Marek standard and finds plaintiffs did not meet either standard
Sufficiency of expert reports/stress measurements to show actual knowledge of imminent rock burst	Appellants claim stress readings and expert opinions show Hecla knew collapse/rock burst was likely	Hecla’s experts and Blake testified readings were not predictive of imminent failure; Blake’s report said large burst was "very unlikely" though not impossible	Held that the measurements and report do not establish actual knowledge of impending failure; thus insufficient to trigger exception
Whether employer's omissions/unsafe implementation (e.g., incomplete gauges, resumed blasting) amount to "unprovoked physical aggression"	Appellants point to incomplete installation of stress gauges, defective gauge, resumed blasting, and MSHA citations to show aggravated conduct and conscious disregard	Hecla contends these show negligence or poor implementation of a rehabilitation plan, not intent or actual knowledge of imminent harm	Held omissions/implementation failures—even if negligent or aggravated—do not meet the high threshold for the §72-209(3) exception

Key Cases Cited

Grazer v. Jones, 154 Idaho 58, 294 P.3d 184 (Idaho 2013) (summary-judgment standard and appellate review)
Marek v. Hecla, 161 Idaho 211, 384 P.3d 975 (Idaho 2016) (defines "willful" and "unprovoked" physical aggression standards)
Dominguez v. Evergreen Res., Inc., 142 Idaho 7, 121 P.3d 938 (Idaho 2005) (discussed as distinguishable on facts where exception applied)
DeMoss v. City of Coeur d'Alene, 118 Idaho 176, 795 P.2d 875 (Idaho 1990) (employer's concealment of hazard and inadequate protection held insufficient for "physical aggression")
Kearney v. Denker, 114 Idaho 755, 760 P.2d 1171 (Idaho 1988) (IWCA generally provides exclusive remedy)
Mackay v. Four Rivers Packing Co., 146 Idaho 408, 179 P.3d 1064 (Idaho 2008) (rules on drawing inferences for summary judgment)