Robison v. Bateman-Hall, Inc.

Justice KIDWELL,

DISSENTING.

Rather than applying a plain language approach, or employing tools of statutory construction in an effort to reach the Legislature’s intent, the majority opinion reads I.C. § 72-223 as if it were defined by earlier, pre-amendment judicial opinions that fail to consider the current plain language of the statute. Reading § 72-223 in such a manner is contrary to the Legislature’s intent. Therefore, I respectfully dissent.

Prior to 1996, I.C. § 72-223(1) read:

The right to compensation under this law shall not be affected by the fact that the injury, occupational disease or death is caused under circumstances creating in some person other than the employer a legal liability to pay damages therefor, such person so liable being referred to as the third party. Such third party shall include those employers described in section 72-216, Idaho Code, having under them contractors or subcontractors who have in fact complied with the provisions of section 72-301, Idaho Code.

In 1996 the Legislature amended section 72-223(1) to read:

The right to compensation under this law shall not be affected by the fact that the injury, occupational disease or death is caused under circumstances creating in some person other than the employer a legal liability to pay damages therefor, such person so liable being referred to as the third party. Such third party shall not include those employers described in section 72-216, Idaho Code, having under them contractors or subcontractors who have in fact complied with the provisions of section 72-301, Idaho Code; nor include the owner or lessee of premises, or other person who is virtually the proprietor or operator of the business there earned on, but who, by reason of there being an independent contractor or for any other reason, is not the direct employer of the workmen there employed.

(Emphasis added.) This Court has not previously had the opportunity to consider third party liability under the 1996 amendments to section 72-223(1). In this instance, whether Fred Meyer or Bateman-Hall may be liable to the Robisons on a theory of third-party liability turns on statutory application and/or construction.

Where the language of a statute is clear, this Court need only apply the statutory language to the facts at hand. Jen-Rath Co., Inc., v. Kit Mfg. Co., 137 Idaho 330, 335, 48 P.3d 659, 664 (2002) (citing Hamilton v. Reeder Flying Serv., 135 Idaho 568, 571, 21 P.3d 890, 893 (2001)). If statutory language is reasonably susceptible to more than one construction, it is ambiguous. When a statute is ambiguous, this Court may seek guidance from the legislative history in order to ascertain and implement the Legislature’s intent. Thomas v. Worthington, 132 Idaho 825, 829, 979 P.2d 1183, 1187 (1999) (citing Corp. of Presiding Bishop v. Ada County, 123 Idaho 410, 416, 849 P.2d 83, 89 (1993)). Whenever this Court must apply or construe *216a statute, however, it should begin with the literal words of the statute, and its “plain, obvious, and rational meaning.” Jen-Rath Co., Inc., 137 Idaho at 335, 48 P.3d at 664.

Applying the aforementioned principles of statute application, the district court correctly found that the undisputed facts show Fred Meyer is the owner or lessee of these premises. Thus, Fred Meyer is excluded from suit by Robison pursuant to the plain language of I.C. § 72-223(1) which excludes third party liability for “owners or lessee[s] of premises _” Furthermore, the undisputed facts show that Bateman-Hall is an employer that “would have been liable for [Robison’s] compensation if [Robison] had been working directly for [Bateman-Hall].” I.C. § 72-216. Because Bateman-Hall is an employer described in 72-216 and Robison’s direct employer, Robison Roofing, complied with worker’s compensation law and compensated Robison, Bateman-Hall is excluded from third-party liability under the plain language of I.C. § 72-223(1) when the language is given its “plain, obvious, and rational meaning.” Jen-Rath Co., Inc., 137 Idaho at 335, 48 P.3d at 664.

Even if the plain language of I.C. § 72-223 were found ambiguous, the legislative history clearly shows that the Legislature intended the 1996 amendments to exclude parties such as Fred Meyer and Bateman-Hall from third-party liability. As noted by the district court, the Statement of Purpose accompanying introduction of the amendments states that “an employer who has contractors or subcontractors under him who have worker’s compensation insurance will not be subject to suit by an employee of the contractor or subcontractor. Also, exempt from suit will be the owner or lessee of premises .... ”

The plain language of the 1996 amendments to I.C. § 72-223 and Statement of Purpose show, quite clearly, the purpose of the amendment was limiting liability of property owners such as Fred Meyer and contractors like Bateman-Hall. This Court should not obscure the Legislature’s intent of I.C. § 72-223 by overlooking the section’s plain language. Instead, this Court should seek to implement the Legislature’s purpose. The plain language of I.C. § 72-223, and its legislative history, applied to the undisputed facts in the record show that Fred Meyer and Bateman-Hall are exempt from liability to Robison and entitled to judgment as a matter of law. Therefore, I would affirm the judgment of the district court.

Justice SCHROEDER, concurs in dissent.