Carey v. U M C

DUFRESNE, Judge.

We are asked to review this combined tort and workman’s compensation action in which the plaintiff alleges an intentional delictual act by his employer.

Plaintiff, Byron Carey (Carey) was employed by United Mechanical Contractors (UMC) and was injured on April 7, 1987, while operating a jackhammer to break up a concrete slab. Carey asserts that he always had the help of an assistant while operating the jackhammer, and, in fact it was customary in the trade, that a helper be provided to carry away broken pieces of concrete and to cut away the reinforcing rods imbedded in the…