Idaho Code
Idaho Code

Idaho Code § 72-202 (2026)

Interstate commerce. 

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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Interstate commerce. 

This law shall affect the liability of employers engaged in interstate or foreign commerce or otherwise only so far as the same is permissible under the laws of the United States.

Notes of Decisions
Cited in 5 cases, 1951–1976 · leading case: Hatley v. Lewiston Grain Growers, Inc., 552 P.2d 482 (Idaho 1976).
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Hatley v. Lewiston Grain Growers, Inc., 552 P.2d 482 (Idaho 1976). · cites it 2× “Prior to the revision of the Workmen’s Compensation Code, effective January, 1972, the employee intoxication defense was set forth in I.C. § 72-202, which provided: “72-202. Injuries not covered.”
White v. Ponozzo, 291 P.2d 843 (Idaho 1955). “§§ 72-202, 72-203, I.C.; French v. J. A. Terteling & Sons, Inc.”
Shoemaker v. Snow Crop Marketers Div. of Clinton Foods, Inc., 258 P.2d 760 (Idaho 1953). · cites it 2× “Conceding the employee was negligent or engaged in a hazardous undertaking in crossing hand over hand on the board which gave way, there was no contention and no evidence that he wilfully intended to injure himself, under Section 72-202, I.C. Therefore, negligence does not…”
Smith v. Sunshine Mining Co., 236 P.2d 87 (Idaho 1951). “From this the Board concluded that while the use of alcohol probably contributed to the death, it was not the sole or principal factor and that, therefore, the defendant was not entitled to exemption from liability by reason thereof.”
In re Smith, 236 P.2d 87 (Idaho 1951). “" And as to alcohol, that the strain came at a time when his system was recovering from exhaustion from drinking alcoholic liquor. From this the Board concluded that while the use of alcohol probably contributed to the death, it was not the sole or principal factor and that,…”
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