BURDICK, Justice.
Joseph Jerry Maravilla and J.R. Simplot Company both appeal the Industrial Commission's (Commission) August 11, 2015 Order on Petition for Declaratory Ruling. Maravilla was injured in an industrial accident while working for Simplot, and Simplot paid Maravilla's worker's compensation benefits for that injury. In a separate action, Maravilla brought suit against Idaho Industrial Contractors, Inc. (IIC), the contractor performing repairs on the area where Maravilla was injured. Maravilla and IIC settled the claim for $75,000 and Simplot claimed subrogation against Maravilla. In its order, the Commission ruled that Maravilla could argue that Simplot was partly at fault for Maravilla's industrial accident and that Simplot's negligence, if proved, was not a bar to Simplot being reimbursed for worker's compensation payments it had paid Maravilla.
Simplot appeals the Commission's decision that Maravilla's settlement with IIC does not preclude Maravilla from attempting to prove Simplot's negligence. Maravilla appeals the Commission's ruling that Simplot is entitled to reimbursement even if Simplot's negligence contributed to Maravilla's injury. We affirm in part and reverse in part.
On October 16, 2011, Maravilla, while working at Simplot, tripped on a hose that had been placed across a walkway to transport a water/acid mix to a nearby pump. The water/acid mixture was being transported because repairs were being performed on a nearby sulfuric acid pad. The repairs were being performed by IIC, however, the hose had been placed by Simplot. On the day of the accident, a rainstorm had caused a power outage at the sulfuric acid pad causing acid to pool on the pad. Upon tripping, Maravilla's foot went through a plastic barrier erected by IIC and into the pooling acid. Maravilla suffered chemical burns to his right foot and leg, which later required skin grafts and surgery. Maravilla then filed a worker's compensation claim. Simplot, in its capacity as a self-insured employer, paid out an undisclosed amount of worker's compensation benefits.
On February 6, 2013, Maravilla filed a third-party lawsuit against IIC. Maravilla alleged that his injuries were caused by the negligence of IIC. Simplot did not participate in this litigation. At some point before trial, Maravilla and IIC settled the claim for $75,000. The district court then dismissed the complaint with prejudice on January 22, 2015. Thereafter, Simplot sought subrogation against the $75,000 settlement.
On May 1, 2015, Maravilla filed a petition for declaratory ruling with the Commission. Maravilla contended that in accordance with prior precedent, any negligence on the part of an employer cuts off that employer's right to subrogation under Idaho Code section 72-223.
On August 11, 2015, the Commission issued its order. The Commission rejected Simplot's claim preclusion argument but adopted a new rule regarding employer's subrogation rights. The new rule, based on the fact that joint and several liability has been abolished in Idaho, states that "employer's negligence is no longer an absolute bar to the exercise of its right of subrogation. Rather, an employer's right of subrogation will be reduced by its proportionate share of fault in contributing to claimant's damages."
Simplot timely appeals from the Commission's order with respect to the claim preclusion issue. Maravilla cross-appeals with respect to the Commission's adoption of the new employer negligence rule.
The facts pertinent to this appeal are not in dispute, only the legal conclusions drawn from those facts, therefore, we exercise free review. Kelly v. Blue Ribbon Linen Supply, Inc., 159 Idaho 324, 326, 360 P.3d 333, 335 (2015).
Simplot argues that the doctrine of claim preclusion precludes Maravilla from pursuing the issue of Simplot's negligence before the Commission. The Commission ruled that Maravilla's settlement with IIC was not a "final judgment rendered on the merits" and therefore claim preclusion did not apply. We affirm the Commission but with modified reasoning.
"Whether claim preclusion or issue preclusion bars relitigation between the same parties of a prior litigation is a question of law upon which this Court exercises free review." Ticor Title Co. v. Stanion, 144 Idaho 119, 122, 157 P.3d 613, 616 (2007).
Id. at 123, 157 P.3d at 617.
On appeal, Simplot does not assert that issue preclusion applies. Indeed, Simplot states in its reply brief that "claim preclusion is the appropriate theory to analyze Simplot's Res Judicata defense." Thus, because Simplot does not argue issue preclusion in its brief we only address Simplot's argument under the theory of claim preclusion. Martin v. Smith, 154 Idaho 161, 164, 296 P.3d 367, 370 (2013) ("When issues on appeal are not supported by positions of law, authority, or argument, they will not be considered. An assignment of error is deemed waived, and will not be discussed if there is no argument contained in the appellant's brief." (quoting State v. Zichko, 129 Idaho 259, 263, 923 P.2d 966, 970 (1996))).
"For claim preclusion to bar a subsequent action there are three requirements: (1) same parties; (2) same claim; and (3) final judgment." Ticor Title Co., 144 Idaho at 124, 157 P.3d at 618. In its order, the Commission ruled that claim preclusion did not apply because the district court's dismissal with prejudice after the parties reached a settlement "did not constitute a valid final judgment rendered on the merits." This was incorrect.
We have clearly stated that a dismissal with prejudice operates as a final
Having established that a final judgment was entered, we turn to whether the "same claim" requirement of claim preclusion is met.
A claim is considered the same claim when "the present claim arises out of the same transaction or series of transactions as the original action." Berkshire Invs., LLC v. Taylor, 153 Idaho 73, 81, 278 P.3d 943, 951 (2012). This has been broadly interpreted by this Court to include situations "even where there is not a substantial overlap between the theories advanced in support of a claim, or in the evidence relating to those theories." Magic Valley Radiology, P.A. v. Kolouch, 123 Idaho 434, 437, 849 P.2d 107, 110 (1993) (citation omitted). "Therefore, res judicata's preclusive effect bars `not only subsequent re-litigation of a claim previously asserted, but also subsequent re-litigation of any claims relating to the same cause of action which were actually made or which might have been made' in the first suit." State v. Wolfe, 158 Idaho 55, 63, 343 P.3d 497, 505 (2015) (quoting Hindmarsh v. Mock, 138 Idaho 92, 94, 57 P.3d 803, 805 (2002)).
Here, the only two claims that have been asserted are Maravilla's original negligence claim against IIC and Simplot's present claim of subrogation against Maravilla.
In summary, the Commission erred by ruling that claim preclusion did not apply because there was no final judgment; however, because the "same claim" requirement of claim preclusion was not met the Commission reached the correct result. We therefore affirm the Commission. Martel v. Bulotti, 138 Idaho 451, 453, 65 P.3d 192, 194 (2003) ("This Court may uphold decisions on alternate grounds from those stated in the findings of fact and conclusions of law on appeal.").
The Commission ruled that because the Legislature abolished joint and several liability, an "employer's negligence is no longer an absolute bar to the exercise of its right of subrogation." Instead, the Commission ruled that the "employer's right of subrogation will be reduced by its proportionate share of fault in contributing to claimant's damages." Maravilla contends that this ruling was in error because it contravenes this Court's clear precedent that an employer's negligence bars it from asserting its subrogation rights. Simplot urges us to adopt the Commission's ruling.
In Liberty Mutual Insurance Company v. Adams, we first addressed the question of whether an employer whose negligence contributed to the injury of an employee may enforce its subrogation rights. 91 Idaho 151, 417 P.2d 417 (1966). In that case, we held that an employer who was concurrently negligent in the worker's injury was not entitled to subrogation. Id. at 156, 417 P.2d at 422. In support of our ruling, we relied on various cases from California and a dissenting opinion by Justice Taylor in Brown v. Arrington Construction Co., 74 Idaho 338, 262 P.2d 789 (1953), both of which relied on various North Carolina cases. Central to these cases was the principle that "it is contrary to the policy of the law for the employer, or his subrogee, the insurance carrier, to profit by the wrong of the employer." Id. (quoting Witt v. Jackson, 57 Cal.2d 57, 17 Cal.Rptr. 369, 366 P.2d 641, 649 (1961)). Indeed, we quoted extensively with approval from the California case Witt v. Jackson:
Id. (quoting Witt, 17 Cal.Rptr. 369, 366 P.2d at 649).
In Tucker v. Union Oil Co. of California, we revisited the issue. 100 Idaho 590, 603 P.2d 156 (1979). We held that although under Liberty Mutual a negligent employer is barred from seeking subrogation of an employee's recovery against a third-party, an employee's recovery in a civil action against a third-party "should be reduced by the amount of the workmen's compensation benefits assessed against the concurrently negligent
Tucker, 100 Idaho at 604, 603 P.2d at 170 (quoting Associated Constr., 150 Cal.Rptr. 888, 587 P.2d at 684 & n.9).
The underlying principle of this rule was to prevent the employee from receiving a double recovery. Id. (citing Shields v. Wyeth Labs., Inc., 95 Idaho 572, 513 P.2d 404 (1973)). We reasoned that under the principles of joint and several liability the third-party tortfeasor was liable for the entire judgment and that allowing the employee to recover both worker's compensation and the entire judgment amount would have resulted in a double recovery for the employee.
Roughly a year later, in Pocatello Industrial Park Co. v. Steel West, Inc., we again commented on the effect of employer negligence on subrogation. 101 Idaho 783, 621 P.2d 399 (1980). In that case, we noted that although Tucker referenced Liberty Mutual,
Id. at 788, 621 P.2d at 404.
However, since Tucker and Pocatello Industrial we have reiterated the validity of
Izaguirre v. R & L Carriers Shared Servs., LLC, 155 Idaho 229, 235, 308 P.3d 929, 935 (2013) (citation omitted).
Thus, nothing in any of the cases following Liberty Mutual, or in the cases following the adoption of comparative negligence, or in the cases after the abrogation of joint and several liability indicate that the rule in Liberty Mutual has changed or been reversed. In fact, by citing to the rule approvingly on multiple occasions we have continued to approve of the Liberty Mutual rule.
Nonetheless, the Commission ruled that the Legislature's adoption of comparative negligence and subsequent abrogation of joint and several liability in the tort law system requires that the employer negligence rule in Liberty Mutual be abandoned in favor of a new rule taken from Associated Construction, supra. This is because, as the Commission reasoned, the rationale of the Liberty Mutual rule was based on the "concern... that prior to the abolition of joint and several liability an uninsulated negligent employer would be liable for 100% of the injured worker's damages, absent from immunity from suit conferred by the worker's compensation laws." This reasoning, however, misses the mark. The flaw in the Commission's reasoning is that it attempts to equate worker's compensation benefits with tort damages. They are not equivalent. The Worker's Compensation Act was a compromise between injured workers and their employers and was specifically intended to remove industrial accidents from the common law tort system. Blake v. Starr, 146 Idaho 847, 851, 203 P.3d 1246, 1250 (2009); Yount v. Boundary Cty., 118 Idaho 307, 307, 796 P.2d 516, 516 (1990) ("[S]uch being the quid pro quo for eliminating the previous remedy of seeking a tort recovery from employers."). Thus, while the principles of comparative negligence and joint and several liability will affect the recovery of an injured employee in his negligence tort claim against a third party,
Liberty Mutual, 91 Idaho at 156, 417 P.2d at 422 (quoting Witt, 17 Cal.Rptr. 369, 366 P.2d at 649). The principle behind the Liberty Mutual rule is that where the employer is concurrently at fault for the worker's injury it should not be allowed the benefit of subrogation because it runs counter to the policy of law to allow someone to "take advantage of his own wrong." Id. (quoting Witt, 17 Cal.Rptr. 369, 366 P.2d at 649); Schneider, 106 Idaho at 244, 678 P.2d at 36 ("The reimbursement of workmen's compensation benefits to a negligent employer has been denied largely because it is contrary to the policy of the law for an employer (or his insurer) to profit from his own wrong.").
We affirm the Commission's ruling that claim preclusion does not apply. However, we reverse the Commission's abrogation of the Liberty Mutual rule. Neither party requests attorney fees. Costs to Appellants.
Chief Justice J. JONES and Justices EISMANN, W. JONES and HORTON concur.
Simplot also attempts to assert that its negligence "was a claim made by IIC in the [Maravilla v. IIC] suit." However, IIC never had a negligence claim against Simplot. See Coghlan v. Beta Theta Pi Fraternity, 133 Idaho 388, 399, 987 P.2d 300, 311 (1999) (listing the necessary elements for a claim of negligence). Rather, IIC asserted the issue of Simplot's negligence as a defense to Maravilla's negligence claim against IIC. The only party with a possible claim of negligence against Simplot would be Maravilla, however, as mentioned above, that claim is barred by the Idaho Worker's Compensation Act. Thus, in regard to the IIC litigation, Simplot's negligence, if any, was only an issue that bore on whether Maravilla's negligence claim against IIC would succeed.
